Desigualdade digital e dreito fundamental de acesso à internet no Brasil

Abstract

The main objective of this work is to analyze the possibility of extracting from the Brazilian legal system the fundamental right to access the Internet. The study took place within the context of digital inequality and the increase in the use of Information and Communication Technologies (ICT) by the Public Administration. Through bibliographic research and literature review, we sought to outline the characteristics that make the Internet the main instrument for the transformation of contemporary society and to establish the concept of digital inequality. Through the qualitative-quantitative technique, it was described how unequal Brazil is currently and the implications that this digital divide can have for the exercise of several other fundamental rights, especially access to entirely virtual public services, a standard adopted by the digital government. The work demonstrated the relevance of access to the network from the perspective of international law by tracing the normative trajectory that culminated in the recognition of its human right status, attributed by the United Nations. In domestic law, taking the Federal Constitution and infra-constitutional norms as a starting point, it tried to answer the question that guides the present study. As a result, it was concluded that through the observance of the material content based on the values protected by national law regarding the dignity of the human person, citizenship and freedom of opinion and expression, it is possible to affirm, despite the lack of mention of expression in the Magna Carta, that Brazil has a fundamental right to access the Internet.