Detalhes bibliográficos
| Ano de defesa: |
2022 |
| Autor(a) principal: |
Henriques, Isabella Vieira Machado
 |
| Orientador(a): |
Sodré, Marcelo Gomes
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/30933
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Resumo: |
This research is about the fundamental rights of the child in the digital environment detailing, on the one hand, the specificities of children and their rights, as well as, on the other hand, the particularities of the contemporary digital environment, with its already notorious opacity and vigilantism, in order to carry out a intertwining between both themes, from the perspective of national law. This is because it recognizes the lack of an understanding of the matter, given an unprecedented speed in the expansion of the consumption of new digital technologies by children, in Brazil and in the world, and the lack of knowledge and lack of interest that prevails in the spheres of power that develop, care, promote, regulate and supervise the digital environment regarding the deepest characteristics of the child, the impacts of the child's interaction in the digital environment that is available in the present and the human and fundamental freedoms and rights that this social group is entitled to. The central thesis formulated in this work deepens the analysis of the guarantee of the child to the fundamental right to the absolute priority of their rights, as provided for in art. 227 of the Federal Constitution, in the digital environment, as a rule and principle with high abstract weight and precedence over the others, as well as the relationship of this discussion with democratic pillars of the rule of law. It also affirms the duty to guarantee the constitutional commandment regarding the provision of the absolute priority of the fundamental rights of the child by the agents involved, with special emphasis on large private corporations in the digital technology sector. The objective of this research is to transpose the adult-centric view of life and the world and present a way out for the realization of the fundamental rights guaranteed to children, considered in their immense multiplicity and according to the existing intersectionalities, in these new times and spaces, so that they can enjoy the new digital technologies to their fullest potential, being protected in the digital environment and not from the digital environment |
