COURTS AND FUNDAMENTAL RIGHTS IN THE DIGITAL CONTEXT

Over the last two decades, Constitutional Courts from different countries have produced relevant decisions on the scope of fundamental rights protection in the digital public sphere. In the US debate on freedom of speech, the Supreme Court has updated standards for its exercise in the digital environment. In the European context, different Constitutional Courts have widely contributed to the debate on data protection regulation and informational self-determination. Seeking to contribute to this agenda of digital constitutionalism, the present paper shares findings of empirical qualitative research in development on the Brazilian Federal Supreme Court rulings addressing fundamental rights and the Internet, mapping the Court’s role to the regulation of the digital context, and critically analyzing the judicial behavior. We expect to contribute to advancing the digital debate in Public Law through a global south perspective.