Direito digital e a neutralidade na rede (Lei nº 12.965/2014): o princípio segundo o qual o tráfego da internet deve ser tratado igualmente, sem discriminação, restrição ou interferência independente do emissor

Abstract

Law No. 12,965/2014, known as the Brazilian Civil Rights Framework for the Internet, represents a regulatory framework that establishes principles, guarantees, rights and duties for the use of the Internet in the country. Among the various aspects regulated by this law, the principle of net neutrality stands out for this work, which ensures that Internet access providers cannot discriminate data traffic based on content, origin, destination, service, terminal or application. This principle aims to ensure equal conditions of access to and use of the Internet for all users, withoutguarantying privilege to certain services or harming competition. However, despite establishing net neutrality as one of the fundamental principles of the Internet in Brazil, Law No. 12,965/2014 also provides some exceptions, such as but not limited to, the possibility of traffic discrimination to ensure network security and quality of services, as long as it does not violate the users' privacy, harm competition or characterize an anticompetitive practice. Therefore, it is essential that the application of net neutrality is closely monitored by regulatory bodies, in order to ensure that users' rights are preserved and that there are no violations of the principles established by the Brazilian Civil Rights Framework for the Internet