A suficiência constitucional para a regulação das empresas transnacionais da informação

Abstract

The objective of this thesis is to analyze the 1988 Brazilian Federal Constitution and demonstrate that its provisions and codified constitutional principles already provide sufficient mechanisms to regulate the activity of information transnationals, also known as Big Techs, while ensuring freedom of expression as a fundamental right. It also identifies the specific, exceptional, and limited cases in which such a guarantee may be relativized, strictly in accordance with the will of the constituent legislator and without any margin for discretion. To substantiate that the explicit norms and principles of the Federal Constitution are sufficient to guide the regulation of these corporations, the thesis highlights the constitutionalization of environmental protection and the recognition of information as an environmental asset endowed with economic value and subject to exploitation. It is demonstrated that the constitutional framework adequately addresses the obligations regarding internal content control by the Big Techs themselves, as well as external control, which is the exclusive domain of the judiciary, thereby enforcing compliance with constitutional rules under penalty of liability for material, moral, and reputational damages, including collective ones, in addition to injunctions arising from noncompliance with judicial orders, which fall under judicial reservation. Likewise, the Constitution itself establishes the procedural mechanisms suitable for prior or repressive control over potential harm to the digital environment, regulating profit and its limits through immediately applicable and effective provisions, especially in light of the principle of human dignity, thus rendering any complementary regulation unnecessary.