What are the difficulties in the regulation process of new technologies in Brazil? To answer this question, we will adopt Habermas concepts in a multi-method critical research. The positivist civil law system, multilevel administration, structural bottlenecks, conjuncture, and cultural trait may contribute to a competitive hurdle to the country. Additionally to describing the process, the purpose is to identify the unwarranted constraints to the communicative process and investigate the role of Academia. We intend to contribute with a review of Habermas concepts towards the recognition of normative legitimacy over Information and Communications Technology (ICT) through the participation of technocrats and different fields of the Academia in the law-making process.