El acceso a internet como derecho fundamental: caso costarricense y su viabilidad en Colombia

Abstract

This paper aims to analyze the viability of internet access as a fundamental right in the Colombian legal system based on a comparative study of Costa Rican jurisprudence. To do so, it reviews types of fundamental rights from the constitutional dogma and criteria given by the Constitutional Court. Then, it studies the draft of Legislative Act No. 08 of 2014, which represents the first legislative initiative about the subject in Colombia. Similarly, as a central idea, it studies Costa Rican jurisprudence, which establishes internet access as a fundamental right. Finally, the article analyzes this legal problem from a perspective of the defense of freedom of expression and based on classical liberal ideas.