NORMATIVE REGULATIONS IN THE DIGITAL WORLD

applying the Theory of the Dogmatic Function of Law to the Digital Electoral Context in Brazil

Abstract

This article addresses the new regulations introduced by TSE Resolution 23.732/2024, which establish specific guidelines for the use of artificial intelligence (AI) in electoral campaigns in Brazil. Based on the Theory of the Dogmatic Function of Law, as articulated by Rohrmann (2007), the study analyzes the application and adaptation of traditional legal dogmas to the digital context. The focus is on articles 9C, 9D, and 9E of the resolution, which aim to ensure transparency, information accuracy, and electoral process integrity, imposing clear responsibilities on both candidates and internet providers. The article also discusses the challenges and benefits of implementing these regulations, as well as their impact on electoral campaigns. The analysis concludes that, despite the challenges, the new regulations promote a fairer and more balanced electoral environment, encouraging ethical and responsible communication.