Por uma matriz de regulação e governança da internet : a construção de um modelo regulatório a partir da legitimidade pelo procedimento

Abstract

Modern society, driven by the digital era and technological advances, faces complex challenges in communication and data protection. The purpose of this doctoral research is to seek to construct a legitimizing systemic theory whose objective is to establish another model of Internet Governance (Regulation). As a historical phenomenon that has effects on Law, Politics and Economy, the construction of a digital stage in society triggered the need to analyze aspects related to the organization itself, which has direct consequences on the behavior of society, States and the Market. The central problem addressed in this research is the need for effective internet regulation in Brazil in light of the social, political and economic transformations resulting from the technological revolution. The objectives include the analysis of the complexities created by the internet in the legal, political and economic systems, and the formulation of a new model of internet regulation based on Legitimacy by Niklas Luhmann's Procedure. The Thesis adopts a historical, comparative and functionalist approach, analyzing the emergence of the internet, existing legislation, foreign experiences and implications of a new regulatory model. The methodology combines Luhmann's systems theory, the systemic method, observation of society, analysis of existing structures and the search for ideal solutions. The analyzes were designed based on observations of documents with normative content, historical facts about the structuring of the internet and the contribution of other observers on the same object. The work is divided into three chapters: the first makes observations about the emergence of the internet and addresses normative elements about the Network. The second addresses the Classical and Contemporary Theories of Regulation, analyzing their (in)adequacy when it comes to the virtual object, culminating in the elaboration of another model conjectured in Legitimation by Procedures. The third chapter observes the structure of the Political, Economic and Legal systems to deal with the complexity of the Internet and how Procedurally Legitimated Regulation is constructed as a structural coupling between these same systems. The thesis concludes that the contributory function that Internet Governance, when structured under procedures, plays in society is to build an illusion of the functioning and protection on the part of these structures. The expected contribution of this work is to provide a solid theoretical basis for the discussion on internet regulation in Brazil, given the insufficiency of the current model to deal with the demands of this constantly evolving society.