Intro
Contents
Introduction
Part I: Democratic Constitutionalism in Cyberspace
``Digital Democracy:́́ A Threat to the Democratic System or Oxygenation of Representative Democracy and Free Speech?
1 Assumption
2 The Explosion of Social Networks in Critical Times of Representative Democracy
3 ``Digital Democracy ́́as a Subspecies of Democracy or as an Expression of Pluralism?
4 Critical Assessment to the Real or Hypothetic Risks Created by Social Networks to Representative Democracy

4.1 Misinformation: ``Fake News,́́ ``Unfair Competition ́́with the Media and Distortions in the Competitiveness of Electoral C...
4.1.1 Networks vs Professional Press
4.1.2 Misinformation and Loss of Impartiality in Electoral Campaigns
4.2 ``Trollism,́́ Hate Speech and Degradation of Political Debate
4.2.1 ``Trolling ́́
4.2.2 Hate Speech
Characterisation
Legal Reactions to ``Hate Speech:́́ Two Models in Confrontation
The Liberal Model Within the Context of the North American Paradigm
The European Interventionist Model and the German Restrictive Paradigm

4.2.3 Critical View on the Institutional Models of Legal Reaction to ``Hate Speech ́́
Autonomy of the Democratic Systems to Regulate Cyberspace in Compliance with the Fundamental Content of Free Speech
Legal Paradigms Between Libertarian and Restrictive Doctrinal Conceptions
Strengths and Weaknesses of the North American Liberal Model
The European Model Between the Prevention of Abuse and the Privatisation of Censorship
4.3 Legislation on Fake News and Hate Speech in Portugal
4.4 The Political Action in Networks and the Depreciation of Gravitas of Leaders

5 Concluding Remarks: Free Speech in Networks as Assumption of the Contemporaneous Democracy
References
Digital Constitutionalism and Constitutional Jurisdiction: A Research Agenda for the Brazilian Case
1 Introduction
2 Digital Constitutionalism: Setting the Stage
3 Constitutional Jurisdiction in Cyberspace as a Moving-Target
4 Constitutional Jurisdiction Through the Lens of Digital Constitutionalism
4.1 The Theory of Horizontal Effectiveness of Fundamental Rights Reconsidered
4.1.1 Civil Liability of Online Intermediaries for Third Partyś Content

4.2 The Re-territorialization of Cyberspace in Constitutional Jurisdiction
4.2.1 Obtaining Data as Criminal Evidence by Direct Judicial Request or Mutual Cooperation Agreements (MLAT)
5 Final Remarks
References
The Crisis of the Representative Democracy in the Face of Digital Democracy
1 Introduction: The Crisis of the Representative Democracy
2 The Representative Democracy As Pluralist and Constitutional Democracy
3 The Direct Democracy As Monist and Populist Democracy
4 Which Is the Place of the Digital Democracy?
5 Conclusions
References