THE PROTECTION OF THE RIGHTS OF PERSONALITY AND FREEDOM IN THE ERA OF TECHNOLOGY: THE HUMAN BEING OF POST-MODERNITY AND THE NEW MECHANISMS OF (PSYCHO)POWER

被引:0
作者
Siqueira, Dirceu Pereira [1 ,2 ,3 ,4 ]
de Souza, Bruna Caroline Lima [5 ]
机构
[1] Univ Cesumar, Direito, UniCesumar, Maringa, PR, Brazil
[2] Univ Araraquara UNIARA, Araraquara, Brazil
[3] Ctr Univ Unifafibe UNIFAFIBE, Bebedouro, Brazil
[4] Univ Missouri State EUA, Springfield, MO 65897 USA
[5] Univ Cesumar UNICESUMAR, Direito, Maringa, Brazil
来源
REVISTA ESTUDOS INSTITUCIONAIS-JOURNAL OF INSTITUTIONAL STUDIES | 2024年 / 10卷 / 03期
关键词
Personality Rights; AFreedom; Autonomy; Technology; Postmodernity;
D O I
10.21783/rei.v10i3.800
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Contemporary society is experiencing what some theorists identify as the "post-modern" period, which broke several paradigms and stabilities existing in modernity, with major changes in individuals, societies and human relationships, resulting, among other factors, from the rise of technology and consumerism as a means of satisfaction and personal identity. This context also changed the ways in which control and power were exercised during this period. In this way, the article aims to answer the problem: has the protection of personality rights been effective in protecting freedom as individual autonomy in the digital environment, in the face of postmodern human beings and new mechanisms of (psycho)power? Thus, the objective, in general, is to analyze the (in)sufficiency and (in)effectiveness of the protection attributed to personality rights in contemporary times, given the characteristics of the postmodern human being and the new mechanisms of (psycho) power of the age of technology, especially with regard to the freedom of individuals considered in their aspect of individual autonomy in the digital environment. Specifically, the objective will be to analyze: what is the panorama of the human being in post-modernity and what mechanisms of control and power are currently in force; and, what is the contemporary scenario of the protection of personality rights and about the (in)sufficiency of this protection in terms of freedom considered in terms of individual autonomy in the digital environment. To make the proposed analysis viable, the hypothetical-deductive method will be used, as well as the methodology based on the technique of non- systematized bibliographic review, in order to base the analyzes on solid scientific grounds. The conclusions were in the sense of ineffectiveness of personality rights in protecting freedom as individual autonomy of the individual in the digital environment, in the face of post-modern human beings and new mechanisms of power.
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页码:847 / 870
页数:24
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