O empoderamento do sujeito real no campo virtual: superação das velhas estruturas para melhor promoção do vulnerável

Abstract

The present work seeks to examine the legal empowerment of the real subject in the virtual field in overcoming the old interpretive structures of law to better promote the vulnerable inserted in the information society. In effect, we will seek to understand this real subject, in addition to analyzing the subject's empowerment on the internet as a mechanism to promote citizenship, human emancipation, guarantee rights and freedoms and as a means of achieving a balance between the existential and the virtual legal plan, especially for vulnerable entities. However, by empowering people in the virtual field, positive and, consequently, negative effects can be had, in the latter case with property and off-balance sheet damages. Therefore, there is a need for this action to be built in front of the “ethical pavilion”. In view of this, it will be examined how Jürgen Habermas' “theory of communicative action” and discursive ethics can help to encourage the construction of isonomic dialog and which aims to build consensus in the technological environment, favoring social well-being. However, since there are certain social niches that do not have opportunities to participate in this virtual dialogue, due to social, historical, economic, educational factors, etc. it is necessary to include them - especially under the current situation in which the internet has been increasingly part of people's daily lives, resulting in a great impact on their lives. Thus, the Law, through protective and inclusive hermeneutics, can favor the integration of vulnerable subjects in the virtual field, even more considering the risks that this environment has, such as in relation to consumers, personal data, personality rights and among others . Consequently, it is analyzed whether it would be the case to think about overcoming the old legal interpretative structures to promote the vulnerable, considering subjective (personal), objective (network), legal (dispositive) and normative (interpretation) circumstances. In particular, from the “new private right”, seeking the inclusion of the vulnerable on the internet, the emancipation of the human person and the construction of a solidary, respectful and empathic dialogue. All of this, having as a research method the character of bibliographic review structured in a narrative review and with the dialectic and deductive scientific method, with a qualitative approach with an exploratory nature.