Between transconstitutionalism and technical practices: Normative challenges for brazilian legal order

Abstract

This article aims to understand the dimension of law and transconstitutionalism as a social practice. To this end, we work with the relationship between legal norms and technical practices, especially in the relationship between legal orders and technical actors of the Internet. Thus, it becomes apparent how actors responsible for regulating the internet and programming algorithms solve legal and constitutional problems, even though they are not qualified as legal orders. Being mediated by an Internet architecture, technical actors and legal orders increasingly need a more horizontal relationship of mutual observation, at the risk of being mutually destructive.