Digital Constitutionalism and Constitutional Jurisdiction: a research agenda for the Brazilian case

Abstract

This paper discusses how normative principles from Digital Constitutionalism movement might guide Constitutional Courts’ judicial review of legislations as the Internet Civil Framework. It claims that an effective protection of fundamental rights on the internet requires a judicial review framework open to (i) a redefinition of the traditional perspective of horizontal effects of constitutional rights and (ii) a comprehensive understanding of the re-territorialization phenomenon of the Internet. These possibilities are examined from the discussions on the online intermediaries’ civil liabilities and the jurisdictional cross-border battles for digital evidence.