Coded for Export! The Contextual Dimension of the Brazilian Marco Civil Da Internet

Forthcoming in Direito Público, vol. 1, Nr. 61 jan-feb. 2015

HIIG Discussion Paper Series No. 2014-06

24 Pages Posted: 18 Nov 2014

See all articles by Osvaldo Saldías

Osvaldo Saldías

Alexander von Humboldt Institute for Internet & Society

Date Written: November 17, 2014

Abstract

Marco Civil da Internet is Brazil’s attempt to regulate fundamental aspects of an open and free Internet (Data Protection, Net Neutrality and Freedom of Speech) by means of securing civil rights before sanctioning misbehaviours criminally. In addition, Marco Civil da Internet has an implicit global ambition in that it was conceived as a possible template for global regulation. Despite this unifying aspiration, there has been no reflexion so far on how Marco Civil would impact upon foreign legal systems. Moreover, there has been no debate about the regional implications of Marco Civil da Internet.

The article claims that any regulatory unifying project should seriously consider the relevance of contextual elements; a point blatantly neglected in the debate on Marco Civil da Internet. This work attempts to tackle the problem, offering a first outline of the transnational and regional context that will most probably determine the diffusion of Marco Civil da Internet. Using analytical toolkits offered by comparative legal studies and the diffusion of ideas, it sketches the current regional legal patchwork, of which Marco Civil is part. In doing so, it uncovers upcoming challenges and frictions; solving such tensions, the article suggests, is an inherent task of democratic institutions.

Keywords: Marco Civil da Internet, Internet, Regulation, Brazil, Comparative Law, Data Protection, Net Neutrality, Freedom of Speech

Suggested Citation

Saldías, Osvaldo, Coded for Export! The Contextual Dimension of the Brazilian Marco Civil Da Internet (November 17, 2014). Forthcoming in Direito Público, vol. 1, Nr. 61 jan-feb. 2015, HIIG Discussion Paper Series No. 2014-06, Available at SSRN: https://ssrn.com/abstract=2526117 or http://dx.doi.org/10.2139/ssrn.2526117

Osvaldo Saldías (Contact Author)

Alexander von Humboldt Institute for Internet & Society ( email )

Oberwallstr. 9
Berlin, D-10117
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
171
Abstract Views
1,775
Rank
359,849
PlumX Metrics