O acesso à internet como direito fundamental

Abstract

This paper investigates the possibility of recognizing access to the internet as a fundamental right within the Brazilian legal system. The main objective is to demonstrate that connectivity has become essential for the exercise of various constitutional rights, such as education, health, labor, information, and citizenship. The methodology used is the hypothetical-deductive approach, starting from the question "Should internet access be considered a fundamental right?" and analyzing fundamental rights through constitutional interpretation, legal doctrine, and social reality. The study shows that the internet, beyond being a technical communication tool, has become a prerequisite for full social participation. However, access is still marked by structural inequalities, such as lack of infrastructure and digital illiteracy. Legislative and judicial experiences in Brazil and abroad were also examined, which point to a gradual recognition of internet access as an essential right. It is concluded that internet access should be legally recognized as a fundamental right. To achieve this, the State must implement public policies that promote its universalization with quality and equity. The formal recognition of internet access as a fundamental right is crucial to ensuring digital inclusion and the full exercise of citizenship in the 21st century