O direito à inclusão digital no Brasil: uma análise a partir da categoria jurídica da fraternidade

Abstract

Law is made for life, and life is always current. Ayres Britto’s statement encapsulates, in a few words, an essential characteristic of society: its constant transformation. In line with this perspective, law also presents itself as a phenomenon in a continuous process of resignification. Although such changes already occurred frequently in previous decades, it is undeniable that, with the advent of the internet, the pace of social transformations has reached unprecedented levels. Fundamental rights such as leisure, education, health, information, expression, access to justice, and work have come to be exercised mostly through digital networks. However, this new space is not accessible to all, and several social groups remain on the margins of the digital environment, deprived of the opportunities it provides. Such exclusion, more than a technological issue, represents a structural violation of the principles that underpin the Brazilian State, notably liberty, equality, and, especially, fraternity. Combating digital inequality therefore arises not from mere compassion, but from an effective fraternal duty. In this context, the present study, aligned with the area of concentration Constitutionalization of Law and with Research Line 2, Effectiveness of Fundamental Rights and Their Impacts on Social and Business Relations, is based on the hypothesis that fraternity, as a consolidated legal category, constitutes an essential tool for addressing inequalities in the digital environment. Reciprocally, the expansion of internet access may serve as an instrument for the realization of fraternity itself, by enabling historically neglected citizens to benefit from this new social space. To this end, through descriptive research employing a qualitativequantitative method, based on historical, bibliographical, documentary, and jurisprudential surveys, the study primarily aims to identify whether fraternity is effective in combating digital inequalities. To reach this objective, the research begins with an analysis of the origin and legal consolidation of the principle of fraternity, highlighting its emancipatory potential. Subsequently, it examines the emergence of the internet in Brazil and the role it plays in contemporary society, including a discussion of the feasibility of recognizing a form of digital constitutionalism. Thereafter, the study addresses the concepts of citizenship and digital vulnerability, analyzing the main economic and educational obstacles to digital inclusion in the country, as well as existing social actions to overcome them, emphasizing the need to expand such concrete measures. Finally, it concludes that the legal category of fraternity, with its elements, functions, and dimensions, possesses an emancipatory attribute that is indispensable for promoting a society with greater digital inclusion and, consequently, a more fraternal society.