O acesso à internet como um novo direito fundamental em um cenário (pós) pandêmico

• Ano de defesa: 2022
• Autor(a) principal: Salla, Camila Fenalti
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Santa Maria; Brasil; Direito; UFSM; Programa de Pós-Graduação em Direito; Centro de Ciências Sociais e Humanas
• Palavras-chave em Português: Acesso à internet; Direito fundamental; Internet; Novos direitos; Período (pós) pandêmico; Fundamental right; Internet access; New rights; (Post) pandemic period; Acceso a internet; Derecho fundamental; Nuevos derechos; Período (pos) pandemia; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.ufsm.br/handle/1/27744

This work aimed to investigate the possibility of conceiving internet access as a new fundamental right in the (post) pandemic scenario. The investigation of this theme was driven by the fact that the internet, over the years, brought great and important advances, in addition to becoming an instrument of access and realization of various citizen rights. In the (post) pandemic scenario, internet dependence has become even greater. The scope of internet access went from optional to essential, given that the exercise of rights such as access to education and access to justice became essentially dependent on the internet, being mostly restricted to the digital medium. Based on this, the following research problem was elaborated, to be answered in this dissertation: to what extent can the right of internet access be conceived as a new fundamental right in the (post) pandemic scenario? To answer this question, the deductive method of approach was used as a methodology, so that, firstly, a comprehensive analysis of fundamental rights and new rights in the network society was used and, secondly, the identification of characterization of new (fundamental) rights in (post) pandemic technological times in the face of the possible cyclothymic of guarantees, where, finally, the possibility of framing the right of access to the internet as a new (fundamental) right in a (post) pandemic scenario was verified through PEC 185/2015 or even through the constitutional opening clause. The procedure methods employed were bibliographical research and documental analysis. The first was used to investigate fundamental rights and their alterations in the digital age, the new rights, the characteristics of new fundamental rights in technological times and the study of the cyclothymic guarantees. The second was used by analyzing in detail the content of PEC 185/2015 and the (un)need for its positivization. Research techniques such as the elaboration of files and expanded abstracts were also part of this research. The theoretical and legal basis of this work had the important contributions of Antonio Enrique Pérez Luño, Manuel Castells, Ingo Wolfgang Sarlet and Deisy Ventura. Ultimately, it was concluded that there is a legal basis and consequently the possibility of recognizing the right of access to the internet as a new fundamental right in the (post) pandemic scenario, both through PEC 185/2015 and through the constitutional opening clause. As well as, it was also concluded that in order to guarantee the due continuity of the right of access to the internet, it is necessary to affirm it in the Federal Constitution through PEC 185/2015, considering that while an implicit fundamental right will invariably have a cyclothymic character, which in no way is expected and accepted to occur with the right of access to the internet.