Os princípios do direito constitucional aplicáveis aos parâmetros da era da tecnologia

Abstract

In view of the recent validity of the Law nº 13,709, of August 14, 2018 (General Data Protection Law) in Brazil, as well as the constant dissemination of a privacy culture and personal data protection in the country and in the world, according to the term privacy by design, it is essential to return the studies to the main foundation of the new legislation: the application of the principles that govern this normative text combined with the fundamental principles set out in the Federal Constitution. The connection between the grandiosity and globalization of the age of technology and current legislation is of paramount importance, as well as the fundamental rights. The object of the current study is the parallel drawn between such rights and principles, in the light of internet norms, with the cybercrimes that affront them, focusing on the tension, existing in the legal system, between the limit of expression freedom and the hate speech, within a democratic regime, as it is in Brazil