Brazilian Journal of Law, Technology and Innovation

The ten commandments of excellent digital government

2025-02-15T15:37:41-03:00

How to achieve a Digital Government of excellence in the satisfaction of citizen’s needs? This article proposes "ten commandments" for this difficult humanist mission. They are the orders and limits for a Digital Government in favor of the citizens, based on studies of comparative law and the best international experiences on the subject.

Mechanisms to prevent anticompetitive practices by Big Tech in the use of AI

2025-03-22T18:02:23-03:00

The present article aims to analyze the measures that exist in Brazilian law or are currently under discussion to prevent anticompetitive practices by Big Tech companies in order to avoid their monopoly on AI in Brazil. For this approach, the work will be divided into three parts: first, an analysis of the characteristics of AI and its relationship with Big Tech will be conducted. Next, the mechanisms currently provided for in Brazilian antitrust law will be examined, with emphasis on the role of CADE and an analysis of economic order violations. Finally, the mechanisms provided for in Bill 2338/2023, which aims to establish a Legal Framework for Artificial Intelligence in Brazil, and the Brazilian Artificial Intelligence Plan will be discussed. The study shows that if Bill 2338/2023 and the Brazilian Artificial Intelligence Plan are approved as they currently stand, in conjunction with the existing antitrust legislation, Brazil will have effective legislative mechanisms to prevent the abuse of dominant positions by Big Tech.

Digital private autonomy: exercising the right to freedom in an onlife world

2025-05-16T17:08:13-03:00

The research proposes, as its theme, the investigation and understanding of the legal nature of digital autonomy. Thus, the research problem is posed as follows: how does private autonomy materialize in the digital context? As a hypothesis, it is assumed that digital autonomy constitutes a branch of private autonomy with its own specific characteristics in the digital environment. The general objective of the research is, therefore, to investigate the limits and specifications of the principle of private autonomy in the electronic context. As a theoretical framework, the concept of mutable private autonomy in the conception of Pietro Perlingieri will be used. The reason why this study is done can be translated by the need to protect human beings in the digital environment.

New technologies, Artificial Intelligence, and Bioethics

2025-05-15T13:42:43-03:00

This study explores the intersection and the need for a critical debate between technological advances, driven by artificial intelligence, and bioethics. Without any intention of exhausting the subject or providing definitive answers, it explores how these forces shape the future, demanding a thoughtful reflection that goes beyond responsibility, justice and human well-being on a global scale, given that artificial intelligence (AI) permeates multiple aspects, from virtual assistants to advanced medical diagnostics, raising complex ethical questions.

Digital democracy and its guarantee in the relationship between the Brazilian state and society

2025-06-20T21:34:04-03:00

This study will address digital democracy and how civil participation through digital media portrays a new paradigm between government and society in Brazil. A new form of interaction was generated by the reach of the internet in different social classes in the country. However, despite many benefits in this new form of interaction, there are still many difficulties for digital inclusion and full access for the population. Therefore, the challenge experienced in this new form of relationship between State and society is about the guarantee and protection provided by the government for full digital interaction, as well as how to safeguard the broad exercise of citizenship and digital democracy.

Identification and assessment of eligibility criteria for preparing the Personal Data Protection Impact Assessment (RIPD)

2025-06-20T21:17:33-03:00

This study aims to analyze the criteria that determine whether personal data processing requires the preparation of a Data Protection Impact Assessment (RIPD) and its relevance for compliance with the Brazilian General Data Protection Law (LGPD). The RIPD is an essential tool for assessing risks in personal data processing, enabling organizations to identify, measure, and mitigate potential impacts on privacy and security. With the exponential growth of data collection, storage, and processing in digital environments, understanding the legal and methodological requirements involved in its preparation is crucial. The research addresses the key quantitative and qualitative factors that determine the necessity of conducting a RIPD, as well as the practical challenges organizations face in identifying these elements. Additionally, the role of regulatory authorities, such as the Brazilian National Data Protection Authority (ANPD), in overseeing and requiring this document for certain data processing activities is discussed. The study also compares the eligibility criteria for the RIPD with international guidelines, such as those established by the European Union's General Data Protection Regulation (GDPR), aiming to understand similarities, differences, and potential challenges in adapting to the Brazilian context. Finally, the challenges and benefits of implementing the RIPD are analyzed, highlighting its importance in fostering a data protection culture and ensuring greater legal security for companies and institutions engaged in personal data processing.

Digital reality, indirect taxation and international trends

2025-06-21T17:51:26-03:00

Digitalization is reshaping global consumption patterns and exposing the limits of value-added tax (VAT) regimes designed for an analogue economy. While Brazilian tax-reform proposals focus on merging six cascading levies into a single VAT-style tax, this structural simplification alone will not align the system with the realities of cross-border electronic commerce. Drawing on OECD guidelines and the BEPS Action 1 report, this article reviews two decades of international debate on destination-based VAT, especially for business-to-consumer supplies of intangibles. It highlights the practical impasse surrounding customer identification, jurisdictional allocation and collection in high-volume, real-time digital marketplaces. The paper argues that recent suggestions to shift liability to dominant e-commerce platforms, although politically feasible, still rely on “verified self-identification” and fragmented registration procedures that are ill-suited to the velocity of automated transactions. As a forward-looking alternative, the study explores how distributed-ledger technology—particularly smart-contract-enabled split-payment mechanisms executed on blockchain networks and settled with central-bank digital currencies—could embed compliance by design, enhance traceability, and lower administrative costs for both taxpayers and revenue authorities. Implementation prerequisites (digital identities, standardized e-invoicing, regulatory sandboxes) and technological hurdles (scalability, interoperability, tokenization) are mapped, providing a research agenda for a VAT 4.0 architecture. The conclusion contends that harnessing blockchain’s immutability and programmability is essential for a resilient, fraud-resistant indirect-tax system capable of addressing the borderless nature of 21st-century commerce.

The limits of jurisdiction in the technological era and international co-operation in the effectiveness of fundamental rights

2025-06-23T16:25:43-03:00

This paper examines how the advent of the technological society has reshaped the traditional limits of jurisdiction, focusing on disputes that arise in virtual environments and exploring the role of international co-operation as an ally in enforcing fundamental rights, such as access to justice. It first revisits the concept of jurisdiction and its contours, emphasising that each sovereign State is autonomous in exercising jurisdiction within its territory. It then shows how the expansion of the Internet has transformed relationships between parties and broadened territorial competence for hearing and deciding cases. The study also approaches international co-operation as an alternative for resolving conflicts of competence between two sovereign States, demonstrating that concurrent international jurisdiction can be overcome to achieve greater effectiveness of fundamental rights at the international level. The research addresses two core questions: (1) How are the limits of jurisdiction characterised in the face of technological expansion? (2) How can international co-operation assist in resolving concurrent international jurisdiction to ensure the effectiveness of judicial decisions and fundamental rights? Deductive and comparative methods are employed through bibliographic and documentary analysis. Finally, the paper demonstrates how concurrent international jurisdiction over a dispute can be surpassed through international co-operation, promoting the effectiveness of fundamental rights without infringing the sovereignty of each jurisdiction when disputes arise in virtual settings.

Electronic, performance and digital government: which is the better conceptual model for Public Administration in the 21st century?

2025-06-24T16:28:10-03:00

The research explores, in comparative lines, the concepts of electronic government, performance government and digital government, with the latter being the most recent model presented for understanding the impacts of information society for Public Administration in the 21st century. The theme-problem starts from the premise that obsolete models, such as electronic government and performance government, long debated and explored by the nineteenth century doctrine, demand improvements and revisions. In the hypothesis, Law nº 14.129/2021 (Digital Government Law) is investigated in general lines, recognizing its essentiality and originality for the consolidation of the digital government model as an adequate archetype that best reflects the current challenges for addressing public issues emerging from the influxes of emerging digital technologies. The research is qualitative and based on literature review. The deductive method is used.

Law and governance in the digital epoch

2025-06-25T19:22:33-03:00

We are pleased to present Volume 3, Number 1 of the Brazilian Journal of Law, Technology and Innovation, a milestone that signals the consolidation of the journal in its third year of uninterrupted publication. During this brief but intense trajectory, the journal has become a recognized forum for interdisciplinary debate at the intersection of legal studies, technological advances and innovative public policies. Its growing international readership and robust submission pipeline testify to the relevance of the themes we address and to the quality standards enforced by our editorial board. With each issue we refine our editorial processes, expand our reviewer network and strengthen our commitment to open access and rigorous peer review. The present volume gathers nine original contributions that reflect the diversity of contemporary concerns, ranging from digital government and artificial intelligence to data protection and tax innovation. Together, these articles offer both theoretical insight and practical guidance for scholars, practitioners and policy-makers navigating the complex legal challenges of the digital age.

As the journal advances into its fourth year, we renew our commitment to fostering interdisciplinary dialogue on law, technology and innovation. We warmly invite researchers and practitioners from around the world to submit original manuscripts that push the boundaries of this dynamic field. Together, we can continue to build a vibrant, inclusive community dedicated to shaping the legal frameworks of the digital future.