Abstract

RAMOS, André de Carvalho  and  ABADE, Denise Neves. Jurisdiction and Democratic Sovereignty: The brazilian experience in regulating big techs in the digital economy. Rev. secr. Trib. perm. revis. [online]. 2025, vol.13, n.22, e567.  Epub Dec 06, 2025. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a13.n22.e567.

Abstract. This article examines the decision of the Brazilian Supreme Federal Court in Declaratory Action of Constitutionality No. 51 and its impact on the regulation of the business conduct of major digital platforms, by imposing limits on their economic freedom of action. The judgment recognised that Brazilian courts may directly order platforms to provide data connected to the country, even when stored abroad, rejecting the thesis of the economic and technological immunity of big techs and considering international cooperation as an alternative path, though not the exclusive one. It is concluded that the Brazilian experience contributes to strengthening democratic sovereignty in the Digital Era, ensures access to justice, prevents the total business arbitrariness in the conduct of the platforms’ economic activity, and provides a relevant parameter for the construction of a global digital constitutionalism.

Keywords : International economic law and new technologies; International jurisdiction; Digital era; Economic power; Sovereignty; Access to justice.

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