This paper analyses the Brazilian normative framework for digital inequality targeted public policies. It demonstrates that, beyond the equality principle provided by the Federal Constitution, the Brazilian Internet Bill of Rights (Marco Civil) also establishes a set of inclusion and internet openness commands (e.g., Open Internet) that apply to both private and public sector. This Bill of Rights binds present and future digital policies to favor actions against digital exclusion and it is important as the inequality that affects Brazil's social, economic, and political landscape is also reproduced in the country's digital divide. While access to the Internet has improved, digital inequality is still reflected in the widespread practice of zero-rating, the call for enhaned digital literacy and technological social inclusion initiatives. This paper argues that digital inclusion is a constitutional and legally regulated command by the Brazilian Internet Bill of Rights.