Navigating Jurisdictional Challenges: The Role of Law and Economics in the Decisions of the Brazilian Supreme Court Against Big Tech
摘要
This chapter examines the Brazilian Supreme Court’s decisions against Big Tech companies, focusing on the role of law and economics in addressing jurisdictional challenges posed by the internet. The most relevant decision in this regard was taken on August 2024, when Judge Alexandre de Moraes decided to block X (formerly Twitter) in Brazil for non-compliance with court orders regarding content moderation. The authors utilize game theory and economic concepts like the tragedy of the commons and the tragedy of the anti-commons to explain the strategic interactions between states and tech companies, highlighting the challenges of achieving international cooperation in regulating digital platforms. The chapter also explores alternative enforcement mechanisms employed by Brazilian courts, including holding local subsidiaries liable and blocking online platforms. The study concludes by emphasizing the urgent need for effective transnational cooperation to address the jurisdictional challenges posed by the internet’s global nature.