O direito fundamental de acesso à internet como ferramenta para o fortalecimento do desenho de políticas públicas e do estado democrático: atualizando o debate sobre efetividade de direitos e garantias fundamentais na cultura jurídica brasileira

Abstract

Nowadays, the internet facilitates access to information, promotes freedom of expression and stimulates civic participation, allowing individuals to become actively involved in public debate and political decisions. However, it is essential to consider challenges such as unequal access, the associated costs and digital illiteracy, to ensure that the benefit of digital democracy is truly inclusive and equitable. The recognition of internet access as an essential component of democracy highlights the importance of ensuring that all citizens have the opportunity to contribute to and fully benefit from the digital environment. The general objective is to face the question of the imminent need for the national legal system to recognize the importance of internet access as a fundamental right, and to achieve it, the research aims to update the debate on what fundamental rights are; critically-reflexively analyzing how internet access proves to be a fundamental right; and reinforcing the reasons why internet access is an essential condition for democratic life in Brazil. Based on the requirements established by the current national legislation, international standards and reports issued by the UN, there is a need to establish access in the Brazilian Magna Letter, so that the highest law recognizes the fundamental right of internet access today.