Sujeito e dignidade da pessoa humana na sociedade de dados e desempenho

Abstract

This doctoral thesis focuses on investigating the undertaking of the individual's status as a subject of rights and the dignity of the human person in the data-driven and performanceoriented society. It begins with the characterization of the individual and their connection to society. Subsequently, it addresses some foundational aspects of the current society, centered on data-driven performance and primarily based on the considerations of Byung-Chul Han. Furthermore, it delves more directly into the contours of human dignity, primarily aiming to establish what will be taken as its core and the constructivist interpretation approach adopted in this study. With this framework in place, a broader discussion is conducted regarding the main consequences stemming from the data-driven and performance-oriented society on the core of fundamental rights that constitute human dignity. Based on these insights, an effort is made to reconcile the new social reality, law, and human dignity. In this endeavor, the thesis investigates (i) the hypotheses for the use of the tools provided by the new form of social organization within the legal sphere as an auxiliary instrument for legal practitioners, (ii) the interpretation of the principle of human dignity in today's society, and (iii) possible avenues for the realization of human dignity in this new social context