Administração Pública digital: proposições para o aperfeiçoamento do Regime Jurídico Administrativo na sociedade da informação

Abstract

The information society is an inescapable phenomenon and its effects have generated consequences in all areas of life in society, altering the way individuals relate to each other, and, of course, to the State. Throughout the ages, computer integration and the facilitation of citizens' access to the virtual environment have led to the capture of a volume of information, structured or not, forming what is commonly called big data. However, the major concern that arises is not about the amount of data, but about how large corporations handle information, requiring State intervention to regulate certain legal relations and protect fundamental rights. At this point lies the problem that the present research proposes to investigate: Taking it as a fact that there is a large mismatch between technological advances and the State's ability to legislate in order to protect new contingencies arising from technology, how can innovation and regulation coexist? The research hypothesis is justified by the need to establish solid guidelines for the implementation of reforms that shall enable State action consistently with the new information society paradigm. To this end, three guidelines are presented: (i) the implementation of compliance policies for the proliferation of a culture of conformity that prevents illicit acts and fosters the reintegration of ethical values into the epicenter of the legal system; (ii) the consensualization based on technological apparatuses, aiming at bringing the people (true power holder) closer to the decision processes to increase their legitimacy; (iii) the digital procedure, aiming to revisit the classic discipline of administrative acts and processes from the primacy of transparency and speed, replacing technocracy. In view of these notes, the research focuses on investigating the numerous legal aspects involved in the use of new technologies related to administrative activities, with a view that showcases the various issues provided, with appropriate solutions – from the angle of administrative law – to the outline of a renewed legal regime capable of uniting the administrative function with the new information and communication technologies. The general objective of the research is to revisit the support structure of public law, identifying three main fundamental bases of its operation, to contrast them with the impacts of new technologies and to identify their harmonization in the new information society. In more specific lines, to delimitate the borders of the informational context for social restructuring, in an analysis that will begin with the historical-evolutionary investigation of the State's format, culminating in the current period, in which the reflexes of the so-called Fourth Industrial Revolution have brought to light the enabling nuances of all the changes indicated. The research will use the method of historical-sociological approach, with bibliographic-doctrinal analysis. At the end, the final considerations will be presented, from which a more assertive understanding about the explicit problem will be extracted.