O PROBLEMA DA HETEROFORMAÇÃO DA IDENTIDADE DIGITAL: Fundamentos para o princípio da autodeterminação informativa

Abstract

This article highlights the return of the problem of heteronomy in Law, no longer in the context of the transition to modern “disenchanted” Law, but within concerns about violations of our private freedoms in the digital society. For this, it initially debates the theoretical formation of the “freedom of the moderns” and the issues that cemented the notion of private autonomy, an important instrument for the protection of the subject and his freedoms, within the framework of the western legal tradition. Later, he works on the concept of “digital identity heteroformation”, demonstrating the vulnerabilities to our individual freedoms arising from the rise of digital technologies. Finally, it justifies the importance of the principle of informative self-determination to found a new era of subject protection in digital environments. To guarantee the autonomy of the “subject of digital law”, within the premises of this informative self-determination, we need to advance the debate on what individual rights we will have for this new subject and which legal instruments will be more effective in protecting their autonomy. As an essay proposal, the article works with a broad bibliographic review and critical analysis to offer theoretical-conceptual alternatives to the highlighted problems.