COMPATIBILITY OF ZERO-RATING OFFERS WITH BRAZILIAN NET NEUTRALITY RULES

Abstract

This article addresses the definition of the legal concept of net neutrality established by Brazilian legislation, according to the interpretation given to article 9 of the Brazilian Civil Rights Framework for the Internet, whereby net neutrality refers to the isonomic treatment of network traffic data, in order to guarantee the internet’s open character. Based on the interpretation developed herein, in accordance with the constitutional principle of free enterprise and also in line with the sector-specific telecommunications regulation - to which internet service providers, as private agents, are subject -, this article seeks to explain the legality of the practice of zero-rating offers, which are part of the scope of business freedom of private entities. In this sense, it presents the argument that commercial agreements which respect the limits imposed by article 9 of the Brazilian Civil Rights Framework for the Internet are allowed by Brazilian legislation. Finally, this article addresses the constitutionality of Decree n. 8.771/2016, which must be interpreted in accordance with the Brazilian Civil Rights Framework for the Internet in order to respect the principle of free enterprise.

Keywords:
Net neutrality; zero-rating; Brazilian Civil Rights Framework for the Internet