The "Brussels Effect" in the Brazilian regulation of the digital environment
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2025-01-18
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Silva, Alexandre Pacheco da
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The recent growth of the technology sector around the world and, consequently, its challenges, has resulted in an increased need for regulation. Given this scenario, the European Union (EU) is frequently the first to establish new obligations for tech companies, and many countries tend to follow the EU's regulatory footsteps, as part of a phenomenon known as the "Brussels Effect". This thesis analyzes how Brazil has been one of the first countries to replicate the EU's regulations on the digital environment, with the most notable examples being the General Data Protection Regulation (GDPR) and current legislative debates very similar to the Digital Services Act (DSA) and the Artificial Intelligence (AI) Act. The thesis also mentions how law travels from one country to the other, changing on the way in order to adapt to the receptive country's context, which, for comparative law, is known as a legal transfer. However, transfers tend to follow an unilateral direction from the Global North to the Global South, which is demonstrated by the previously mentioned legal imports Brazil has made. Therefore, the aim of this thesis is to compare the ongoing regulatory debate in the EU and in Brazil, how the EU has impacted the Brazilian discussion, and how Brazil is locally adapting the regulations to fit the country's needs.