A (IN)CONSTITUCIONALIDADE DO BANIMENTO PERMANENTE DE USUÁRIOS DE REDES SOCIAIS E APLICATIVOS

Abstract

Since the dawn of humanity, people have been punishing each other. Nowadays, with the emergence of large technology corporations, it is possible to perceive the phenomenon of digital punishments, such as temporary suspensions of accounts, limitations of certain tools and even permanent bans. Therefore, the present work came to discuss the constitutional limits of such punishments, especially permanent bans, from the perspective of the diagonal effectiveness of fundamental rights, concluding by the unconstitutionality of digital punishments that have a perpetual character, for contradicting the content of Article 5, item XLVII, point "b", of the Federal Constitution of 1988. Moreover, even if the diagonal effectiveness of that fundamental right was not recognised, permanent bans would still be unconstitutional for violating the constitutional principle of proportionality. Finally, it was pointed to the need to edit infraconstitutional laws that versed on the subject, expressly prohibiting perpetual punishments and discipsing minimum procedures to be followed when sanctioning application users.