A defesa de velhas liberdades contra novos poderes: ensaio sobre o constitucionalismo e o Estado na era digital
Year: 2024
Type: article
Abstract: The aim of this article is to analyze the re-articulations of old freedoms and fundamental rights in the context of constitutionalism in the Digital Age. Outcome of bibliographical and legal research, held by hypothetical-deductive method, the proposed reflection falls within the field of Constitutional Law, from the methodological perspective of Constitutional Theory and the study of law as constitutional policy. The research problem can be summarized in the following question: In light of the challenges and dilemmas regarding the effectiveness of fundamental rights in the context of intensifying interactions mediated by technologies, on social networks and in cyberspace, how old freedoms must be adapted to deal with new powers? The hypothesis continues to state that important reflections developed in the field of digital constitutionalism help to understand more accurately the struggle to defend old freedoms against new powers, also pointing out ways for an effective defense and protection of these fundamental rights and freedoms through adequate performance of the old power (State), which must be accompanied by a true constitutional reengineering in order to preserve the functional content of democratic constitutionalism and the civilizing achievements of modernity.
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408364904