DEMOCRATIZAÇÃO DO ACESSO À INTERNET: O CONTRASSENSO EXISTENTE ENTRE SUA NATUREZA DE DIREITO FUNDAMENTAL E A QUESTÃO TRIBUTÁRIA

Abstract

The present work has the general objective of analyzing the access to the internet as a materially fundamental right and its close relationship with the other rights belonging to this role, this from the perspective of the growing and contradictory "de-democratization" of the use of this technology, especially in the national territory. To this end, bibliographical and documentary research was carried out, using theoretical references, such as books, scientific articles and dissertations and official data published on the internet. In this, we sought to understand the origin of fundamental rights, with emphasis on those of the first, second and third dimensions, as they are the ones that most relate to the object under study. The position of the United Nations (UN) was identified, which believes that access to the digital network is a fundamental right and that, therefore, it should have its content not only preserved, but widely stimulated. Thus, it was examined in the world and national scene in order to understand if the incentive to online accessibility is put in practice and, if not, what are the factors - mainly national - determinants for this, as well as the effects of marginalization resulting digital. From the analysis of the data consulted, it was concluded that there is a worldwide consensus, especially in Brazil, about the accessibility of the digital network, since, at the same time that the development of such technology is formally encouraged, materially and silently, it has been imposed more restrictions and obstacles - especially of a fiscal nature - to the use of the internet, which shows a direct affront to its character as a fundamental right now considered.