A constitucionalização da democracia digital no direito brasileiro: a regulação das políticas e estratégias de governança digital na Administração Pública Federal

• Ano de defesa: 2020
• Autor(a) principal: Bezerra, Tiago José de Souza Lima
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Rio Grande do Norte; Brasil; UFRN; PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO
• Palavras-chave em Português: Dados abertos; Democracia digital; Democracia participativa; Governança da internet; Governança digital; Lei Geral de Proteção de Dados Pessoais
• Link de acesso: https://repositorio.ufrn.br/handle/123456789/31720

This master thesis deals with digital democracy from the perspective of public governance and the importance of using information and communications technology (ICT) to achieve the constitutional principles of administrative activity. Considering internet governance as a complex multisectoral process that involves the interaction of diverse agents, the theme will be delimited from its legal aspects by means of the dialectical method with the applied bibliographic research of documents that encompass the concepts of digital democracy, its relation with data governance regulation and its manifestation in the Federal Public Administration through digital governance policies and strategies. The relevance of this research is justified in view of the topicality of the theme and the practical implications of digital governance policies in society, after all, with the expansion of efficient measures aimed at opening data, transparency, disclosure and social participation, ICT started to affect all the elements that traditionally constitute the Modern State, mainly after the revelation of the 4th Industrial Revolution. It seems that there is a problem caused by the conflict between the fundamental right to the protection of personal data and the right to disclosure/transparency, unfolded in Open Government initiatives, requests for access to information and, in a practical way, for the economic exploitation of data (monetization). Given this, the objective is to analyze the legal implications caused by the use of ICT in public governance as a tool for the pursuit of democracy in the Federal Public Administration, in addition to discussing the consequences of the (non)existence of regulation on the matter amid a rising data-driven economy. It is concluded that the achievement of digital democracy implies the overcoming of the liberal model of political representation, so that social participation is accomplished by the public governance principles and expanded by the opening of government data. It seems that the rules of the Brazilian General Data Protection Law are compatible with the constitutional principles of the economic order, mainly free enterprise, and with data processing operations that require its opening and disclosure, considering that data monetization, within legality, is conditioned by factors that limit its improper use, and those activities constitute an important factor for national development in digital economy.