Arquitetura e neutralidade de rede: uma análise da prática de zero rating sob a perspectiva concorrencial

Abstract

The present dissertation seeks to analyze the architecture of the network, whose initial conception is considered an important factor for the innovative and disruptive feature of the internet. In view of the constant changes and interference that affect the Internet, the net neutrality principle stands out as an elementary mechanism for maintaining the innovative factor of the Internet, in seeking to guarantee the isonomic treatment of data traffic in the network. In this sense, we will seek to identify academic clashes about the issue of neutrality, whether in the international or national context, its main proposals for regulation and practical cases that demonstrate its importance. This understanding will be important to enter into the antitrust analysis of subject, considering the doctrine about price theory and vertical agreements, in particular, zero rating agreements carried out between agents acting on the internet. After considering these agreements, its main repercussions pointed out in the literature will be brought to sketch a better understanding of the subject in terms of competition and innovation. The methodologies used in this work are primarily legal-theoretical, necessary for the analysis of legal precepts, legal-comprehensive and comparative-legal research, necessary to apply the analyzed legal themes and identify similarities between (GUSTIN, 2002) and empirical, to foster practical analysis of the topics discussed. Thus, chapter 1 presents the historical context of the creation of the internet and the principles that constituted the architecture of the network, as well as which economic agents are inserted in this market and what are the current challenges of the Internet. Chapter 2 presents the conceptualization of the net neutrality principle, its interpretations in the literature, possible violations of the principle and form of approach by world authorities, and the approach in Brazil, through the Civil Internet Framework. Chapter 3 introduces the concept of zero-rating practice, as well as to what extent doctrine positions itself on practice, from a perspective of the principle of net neutrality and competition, in order to bring the main positive and negative effects of this practice. Finally, the Brazilian authorities position on zero rating agreements will be presented and a critical competitive reflection of the clash around the theme.