Público x privado em tempos de internet: uma análise das produções subjetivas a partir do ordenamento jurídico brasileiro

Abstract

The aim of this research is touch the transformations engendered in contemporary times, turning to subjective constructions around the concepts of public and private, through an apparent requirement of protection of "intimacy" and a demand for a right of "freedom of speech". In this way, the research proposed in this work starts from the contemporary scenario and has as central concern the current discussions about the increasingly intense use of the various technological and communication devices, especially the internet, as well as their digital platforms. Our objective is to analyze the transformations in progress regarding the intimacy and the exposition of themselves that have been, largely, produced or driven by the advancement of ICTs and that are connected to the metamorphoses in the field of Law. In these rearrangements, we can observe a certain shift and significant changes in the delimitation between the border of the sphere of intimacy - that until very little time would be considered private scope - for what would be considered public. It is therefore problematic, therefore, the constant clashes and dissent about the conflicts between freedom of speech and legal regulation of digital devices, specifically with regard to the right to privacy. We seek to recover the contemporary literature that is inscribed in the record of these questions, choosing as materiality of the research the legal discursiveness that seeks to present itself as output or vector resulting from these conflicts. From the archaeo-genealogical perspective, we have chosen as a research materiality the bibliographic survey of the specialized literature on the use of digital platforms related to the Brazilian context and the legal literature that specifically relates to the protection between privacy and exposure - for example, the Civil Internet, the Data Protection Act and the Right to Forgetfulness. Thus, we take as a surface of inscription of the clash between intimacy and exposure a whole series of literature, produced in the most diverse areas - passing through law, economics, health and communication - that ends up acting specific regimes of enunciation, throwing light for the discursive proliferation existing around a kind of a process of life clarification.