The streaming service in the Brazilian legal scenario: notes concerning the Netflix case
This academic article aims to address a complex point of today, which is the streaming service provided by Netflix and its relationship with Administrative Law. The study seeks to analyze how the Public Administration should influence the regulation of such new technologies. Eventual regulation will...
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| Autores principales: | , |
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| Formato: | Artículo revista |
| Lenguaje: | Portugués |
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Universidad Nacional del Litoral
2017
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| Acceso en línea: | https://bibliotecavirtual.unl.edu.ar/publicaciones/index.php/Redoeda/article/view/7144 |
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| Sumario: | This academic article aims to address a complex point of today, which is the streaming service provided by Netflix and its relationship with Administrative Law. The study seeks to analyze how the Public Administration should influence the regulation of such new technologies. Eventual regulation will have direct effects not only on the Public Administration, but also on the private initiative, since the telecommunication services do not have any regime of state exclusivity. Thus, first will be presented notions of public service in the Constitution of 1988 and by the administrativist scholars, passing through historical debates realized by the doctrine. Also at this point, the state influence and its political choices will be debated regarding the services that will be considered public. Next, the article will deal specifically with the public services of sound broadcasting and of sounds and images, in order to clarify their legal contours. That said, the case of Netflix will be analyzed considering the previously established concepts, so that it can be demonstrated that the service provided by it is not confused with traditional broadcasting services and Conditional Access Service. Finally, the study is concluded in order to identify the degree of its impact on Public Administration. |
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