A PROTEÇÃO DA PERSONALIDADE NA SOCIEDADE DIGITAL: DESAFIOS E PROPOSTAS DE SOLUÇÕES NO DIREITO BRASILEIRO

Abstract

This paper aims to analyze the recurrent violations committed by the abuse of constitutional guarantees that regulate society, especially in the virtual sphere, with a focus on stipulating whether the current legislation is able to combat digital crime. Therefore, it is initially addressed about the rights of the personality and how human rights are protected as well as the rights to freedom of expression, at this moment it highlights the existing conflicts between these two fundamental rights. It also intends to highlight the currently existing initiatives and their effectiveness. The choice of theme came with the aim of highlighting the abuses and inefficiency of current laws. To carry out this work, we used a critical perspective, which were based, among doctrinal currents such as George Marmelstein (2019), Vergini (2017), Bortot (2017) among others. The work intends to relate the changes that have taken place in contemporary society. Ending, the laws currently in force, which have brought significant advances, but which have not yet managed to alleviate virtual crimes, are finally exposed. The work reflects the insufficiency of laws in contemporary society and the consequences that have occurred by them.