What is it about?
This article examines how Brazil responded to digital challenges—such as social media, misinformation, and artificial intelligence—during a political crisis. As existing laws proved insufficient, courts took a leading role in regulating the digital space, protecting rights, safeguarding elections, and limiting the power of large technology companies. It argues that Brazil has developed a distinct model of “digital constitutionalism,” applying constitutional principles to the online world. This approach shows both promise and risk, offering lessons for other countries—especially in the Global South—facing similar challenges.
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Why is it important?
Digital technologies shape democracy, but many countries struggle to regulate them. This article shows that when political institutions fail—especially in crises—courts may step in to govern the digital space. Brazil’s case highlights both benefits and risks: judicial action can protect rights and democracy, but may also disrupt institutional balance. It offers lessons for other countries facing similar challenges.
Perspectives
Digital regulation is a global challenge, but Brazil stands out for relying heavily on courts. This judicial activism can defend democracy, yet it also risks upsetting the balance of power.
Dr. Helder Ferreira Do Vale
XianJiaotong-Liverpool University (XJTLU)
Read the Original
This page is a summary of: Digital Constitutionalism in Brazil: A Decade of Democratic Crisis and Technology-Driven Governance Dilemma (2013-2023), February 2026, Center for Open Science,
DOI: 10.31235/osf.io/sxgz5_v1.
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