Liberdade de expressão e violação da privacidade na sociedade da informação : uma análise a partir do marco civil da internet e dos novos paradigmas da responsabilidade civil.

Abstract

The study is developed as a final dissertation at the Graduate Program in Law - Master and Doctorate in Social and Public Policy Rights - University of Santa Cruz do Sul - UNISC. The method of approach adopted in this research is the dialectic (the study is critical-propositional), on the other hand, the method is the monographic. The technique employed in the dissertation is the literature, even that meager (both in doctrine and jurisprudence), with regard to the Marco Civil Internet. So the question is, this work is the ample space that the information society relented and created from new technologies, especially related to the use of the Internet, so that human beings can exercise their freedom of expression, not left her unprotected privacy (overexposure), including from the perspective of liability? The main objective of the study is to assess the impact, influence, importance and misrepresentation in using the Internet as a means of communication, with regard to freedom of expression versus the right to privacy under the new dictates of liability from the birthplace of the Civil Marco Internet in the Brazilian scene. Contextualizes up, then the national stage, from birth to the evolution of the Internet in Brazil. It makes an analysis of the characteristics and service regulations in the country, especially from the legislative point of view. It is observed that the country needed to revamp its legislation, otherwise it will not follow the rapid and rampant advances of the Internet. It's borned the Marco Civil Internet, which became the law regulating the use of the Internet in Brazil, we study the policy and its creation backstage to enter its main regulatory challenges, which are to pacify conflicts between freedom of expression and right to privacy, through application of the liability institute, which is replaced by new challenges, such as tackling the right to be forgotten, the responsibility of content generated by other people (in cyberspace), detailing peculiarities, as those relating to personal data, among others. Finally, one can observe the vanguard of novel legislation, although it has technical flaws arising in much of its pioneering not only nationally, but also internationally. It is understood that the theme of this research is in full development, as ally legislation at the speed of technology, specifically the use of the Internet, is a contemporary challenge the law.