THE "MARCO CIVIL DA INTERNET" AND ITS UNRESOLVED ISSUES - FREE SPEECH AND DUE PROCESS OF LAW

THE "MARCO CIVIL DA INTERNET" AND ITS UNRESOLVED ISSUES - FREE SPEECH AND DUE PROCESS OF LAW
isbn13
R$ 55,08

his book is the outcome of a research conducted in the Master of Laws (LL.M.) program at New York University in the academic year of 2014/2015. This research focused on Internet and Constitutional Law doctrine in Brazil and the United States. Primarily, its goal was to present solutions to three issues poorly debated in Brazilian legal studies through a comparative analysis with the United States law. All three of the topics discussed in this book were ignored by the Marco Civil da Internet regulation in Brazil. In the wake of Brazilian Internet law systematization, it is important to move forward from what the Marco Civil has in fact accomplished and focus on the issues that were left behind. In this spirit, this research addresses, in its first part, the Constitutional prohibition of anonymity in Brazil. This provision is prescribed in the same article that guarantees freedom of expression. Quite incongruently, the Brazilian Constitution also protects data and communications secrecy,