Regulação de plataformas digitais no Brasil: um estudo acerca do projeto de lei nº 2.630/2020 sob a ótica da análise econômica do direito

Abstract

This scientific work analyzes the regulatory model proposed by Bill 2630/2020, approved in the Brazilian Federal Senate and titled the Brazilian Law of Freedom, Responsibility, and Transparency on the Internet. The investigation began with the following research question: how can Economic Analysis of Law (EAL) contribute to assessing the social impacts resulting from the operational model of Bill 2630/2020 in the regulation of digital platforms in Brazil? To answer this question, the main objective is to understand the intentions established in the bill and to assess its effectiveness from the perspective of EAL, considering the following spe cific objectives: 1) to study the theoretical foundations of Economic Analysis of Law; 2) to examine the provisions of the bill and its social implications; 3) to apply EAL to Bill 2630/2020 as a method for effectiveness analysis. The methodological approach for the research was based on an exploratory-descriptive study that involved a literature review of books, scientific articles, and documents related to the topic. The focus was directed towards material produced during the bill’s passage in the Senate; however, to a lesser extent, the substitute bill currently in the House of Representatives was also considered for a more accurate analysis. The research con cludes that the project is inefficient from the perspective of Economic Analysis of Law as it fails to achieve an adequate state of social welfare for the economic agents involved, does not foreseeably propose positive incentives to these agents, and was created under the influence of negative social contexts that activated System 1—fast, imprecise, and highly emotional—of dual-process thinking. The proposed solution is to maintain current regulations until an efficient standard is developed that can combat disinformation while preserving the economic system and protecting users' freedom of expression and privacy. For now, maintaining private relations among economic agents without ex ante state interference proves more effective, with conside ration given to the free enterprise of big tech companies and their technical capacity to collabo rate in combating fake news. Furthermore, the study highlights the multilateral nature of this matter, underscoring the urgent need to understand the phenomenon of ‘disinformation’ through media literacy. This study offers a perspective that goes beyond legal logic, potentially contributing to the understanding of disinformation regulation as a social issue that deserves attention from diverse fields.