Constitucionalismo na era digital: dimensões jurídicas do impacto de novas tecnologias sobre o estado de direito

Abstract

This thesis examines how the development of digital technologies has impacted the normative structure of the Rule of Law. It is based on the hypothesis that the accelerated pace of societal digitalization has exposed structural fragilities within contemporary constitutionalism, revealing limitations in the legal system’s ability to address the complex challenges posed by the digital society. A qualitative, theoretical- analytical methodology was adopted, grounded in a critical review of specialized literature. Additionally, public documents, national and international legislation, and judicial and administrative decisions were analyzed to identify the principal regulatory challenges arising from digital transformation. The critical inquiry initially focused on understanding the tensions between traditional constitutional concepts and the emerging dynamics of the digital era. Subsequently, proposals advocating for the overcoming of modern constitutionalism by the so-called digital constitutionalism were examined, alongside an analysis of how key elements of the Rule of Law relate to contemporary regulatory difficulties. Furthermore, the study analyzed different approaches to the role of the State and constitutions in the face of the growing influence of new private centers of power. Finally, it highlighted the radicalization of digital transformation, particularly evidenced by the rapid proliferation of generative artificial intelligence, and discussed the normative conditions necessary for the responsible development and application of these technologies. The thesis argues that the digitalization of society challenges the Rule of Law not only due to the absence of adequate normative parameters for technological development but also because of the increasing blurring between public and private power dynamics. It advocates for the construction of a regulatory framework that reaffirms the control of power through law, while guiding technological innovation based on the primacy of human dignity. The originality and relevance of this study lie in presenting a critique that strengthens a constitutional theoretical framework capable of addressing contemporary challenges and providing normative foundations for the defense of the Rule of Law in the digital age.