Abstract

SIQUEIRA, Andressa De Bittencourt. The Subordinated Fundamentality of the Right to Internet Access in the Brazilian Legal-constitutional Context. e-Pública [online]. 2020, vol.7, n.2, pp.240-263. ISSN 2183-184X.

The study is based on the adaptation of constitutionalism to the technological development, due to its insertion into daily life and its impact on fundamental rights. Thus, the analysis of the fundamentality of the right to Internet access is remarkable, establishing as a research hypothesis that the fundamentality of the right to Internet access is not autonomous. By the analysis of the doctrine, in addition to the relevant legislation, the evaluation of the Proposals to Amend the Brazilian Constitution and the international documents, as well as public policies adopted at the federal level and the investigation of statistical data in the rate of use of internet in Brazil, it is possible to confirm the hypothesis launched at the beginning, since the analyzed right has its fundamentality subordinated to already recognized fundamental rights, primarily the communicative rights. It is counterproductive, therefore, to classify it as an autonomous fundamental right, because once an instrument is identified, the fragmentation of the fundamentality of rights is unleashed.

Keywords : Fundamental rights; Communicative rights; Fragmentation of fundamental rights; Access to the internet.

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