O poder das big techs e big datas na construção de um novo mundo e a necessária emergência de mecanismos de proteção dos direitos fundamentais

Abstract

Discussing major tecnologies and their role in building a new world is one of the most pressing needs of Law today. Data collection, the constant and permanent invasion of privacy, together with the deep analysis and categorization of each individual have been highlighted as some of the most important characteristics of the growth of new tecnologies. This research seeks to deepen the study of the growing power that arises from the involvement of Big techs and Big data in the life of today’s man, raising a political question related to the need for regulation by the Law, since there is a visible violation of rights, especially with regard to freedom and privacy. The great technologies are becoming a superpower that directly interferes in public affairs, as attested by renowned researchers and writers from important world universities. Our research is based on Shoshana Zuboff ’s concept of surveillance capitalism and on the theory of the emergency need to defend democratic principles of law developed by Wolfgang Hoffmann-Riem, both concerned with this new universe, in which surveillance algorithms tend do predominate as a new governance model. The general data protection laws are analyzed here as indispensable means to defend citizens from this onslaught of violation of Fundamental Rights established in the French Revolution of 1789 and improved throughout contemporaneity