A fragilização do estado-nação na proteção dos direitos humanos violados pelas tecnologias da informação e comunicação

Abstract

This paper stems from the need to properly understand protection of human rights in face of new information and communications technologies (ICTs) and global data flows, especially considering that these phenomena are deterritorialized and fluid and, hence, they challenge traditional legal control mechanisms based on the nationstate. Using a Canadian sociology theoretical framework called surveillance studies, this paper aims to address how human rights violations by ICTs go beyond privacy. Its hypothesis is that nationstate became weakened on its role of human rights guardian, especially when violated by ICTs, which is why it proposes that system’s theory is more capable to properly understand human rights violations by information technology transnational organizations. The conclusion points to the idea that human rights cannot be protected against ICTs by traditional legal control mechanisms as they are centered around the idea of the nation-state, which makes it impossible to handle issues that surpass its political system and territorial container, thus requiring private players to take part in this discussion