A prática do zero rating pelas operadoras de telefonia móvel: uma leitura sobre a legalidade à luz do ordenamento jurídico brasileiro

Abstract

The present work presents as its central theme the practice of zero rating by mobile telephony operators in Brazil. The objective of this research is to understand how the internet works, discuss the principle of net neutrality and study the legality of the practice of zero rating in Brazil in view of the principle of net neutrality and according to the perspective of consumer law. The methodology used was exploratory, with a bibliographic review of a qualitative nature. During the development of this work, it will be possible to infer that net neutrality is a positive principle in the Civil Rights Framework for the Internet, which consists of avoiding discrimination in data traffic on the network. According to this principle, there can be no distinction of any kind between the data that travels over the network, and Internet access providers must treat all data packets equally, without making a distinction between their content, origin and destination. However, it has become common practice among access providers to offer a data package with free and unlimited access to certain applications. The consumer, when contracting a certain data package, will continue to be able to use these applications even after the end of his franchise, which is known as zero rating. Thus, concluding the research, it can be stated that the practice of zero rating goes against the principle of net neutrality and the principles of consumer law.