Brazil’s Internet Bill of Rights: Theory and Practice

Analysis of the debate, creation and implementation of Brazil’s Internet Bill of Rights.


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Published in Portuguese

Brazil’s Internet Bill of Rights (Law No. 12965/2014) was the first iniciative by the legislative power that used the web to enlarge the debate that lead to the submission of a draft bill to the Congress. The aim of this book is threefold: first, to understand the reasons underpinning the adoption of this iniciative; second, to understand the development of the collaborative process of creation of this law, and, third, to address its application.

After two years since the approval of the Bill, there are still many controversies about its interpretation and the destination courts give to one of the most innovative bills on the subject in the world. It is even more interesting to unfold the Bill’s application while taking into consideration the process that generated the legislative output. Many of the dilemmas that the Bill aims to tackle could be better understood if the origin and development of the law is analysed.

A lot of the final text’s identity arose on the the decision of debating the Bill in a multisectoral fashion and having a human-rights centered approach to it. The Congress distilled the draft’s articles, shedding light on topics that have been less debated until now, such as net neutrality, and giving them visibility in both scientific communities and the press. However, it would be reducionist to produce an analysis that only addresses the period of online consultation or the debate in Congress.

By bringing various stakeholders to the debate, the law as an output points the direction for future regulatory demands. The principles of the final draft projects the relevance of Bill in the future. And in this future, it is already possible to find iniciatives that were inspired in the Brazilian experience.


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