Elementos para uma discussão acerca do papel do direito no avanço digital e em suas implicações na crise da democracia

Abstract

This thesis addresses the role of reliable information in the debate of public policies and for democratic participation, mainly in the digital sphere, as well as in the protection of user data in social networks in the face of the market for political manipulation. In addition to the commercialization of personal information involving big data, there is constant use of fake news for political purposes, making relevant dialogues in politics difficult and causing the decline of traditional media. Therefore, new technologies, through social networks and the analysis of user data, go against the fundamental principles of a democratic system, namely the incentive for dialogue and public deliberation. A Habermasian analysis of the situation was then performed, addressing aspects of the relationship between access to information, democracy and law, considering the role of the public sphere and the validation of the other communicative individual. In a democratic system, it is expected that its members have the capacity to form public opinion through quality information and to build, through critical reflection, political proposals that are consistent with their world perspective. Finally, in light of the addressed points, the role of Law was observed, analyzing legislation, both old and new, that seeks to regularize the use of the internet, data storage and the proliferation of fake news.