Abstract
This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence Act, the role of the Superior Electoral Tribunal against fake news and in protection of electoral democracy, and the ‘Digital Statute for Protection of Children and Teenagers.’ It also provides the U.S. audience with analysis of the recent landmark decision of the Brazilian Supreme Court on regulation of social networks that established new rules for civil liability. This article was especially produced for the inaugural issue of the FIU Law Latin American and Caribbean Law Review (LCLR) and draws also on my previous research on algorithmic law, algocracy, artificial intelligence and algorithmic regulation.
Recommended Citation
Pedro Rubim Borges Fortes, Algorithmic Law in Contemporary Brazil: From Cyber-Libertarianism to Constitutional Rights, 1 Latin Am. & Carib. L. Rev. (2026), https://ecollections.law.fiu.edu/latinamericancaribbeanlawreview/vol1/iss1/7.
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