Igualdade e governança de redes sociais: interseção entre tecnologia, moderação de conteúdo e direito à igualdade.
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2022-02-23
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Leal, Fernando Angelo Ribeiro
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The main objective of this work is to investigate regulatories measures that may promote the right to substantial equality in the moderation of online content. For this purpose, the vectors that constitute the right to equality and the possibility of horizontal effectiveness of fundamental rights must be investigated. It seeks to understand the assumptions of the horizontal effectiveness of fundamental rights, their specific role in digital platforms and the counterpoints related to direct effectiveness.It must avoid strong legal paternalism and particularism. It should promote techniques that guarantee greater transparency, accountability and social control. Subsequently, the peculiarities of internet regulation and online content moderation are investigated. A case study is carried out in some circumstances in which there was a flagrant violation of substantial equality, a study on regulatory techniques and, finally, the prescription of regulatory measures to promote the right to substantial equality.