Abstract

FERREIRA, Carlos Wagner Dias. THE CONSTRUCTION OF THE LEG@L NORM@ IN CYBERSPACE. Revista Internacional CONSINTER de Direito [online]. 2023, n.17, pp.159-174.  Epub Feb 28, 2024. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00017.05.

This article aims to bring a simple contribution to the recent debate in international doctrine whether the law produced by the State and, therefore, its legal norms, manages to regulate the universe of cyberspace, due to the refractory posture of global players in accepting any interference in this environment. The investigative effort will reside, based on the analysis of the thought of several international authors who are dedicated to this problem, if, in the technological, information and digital world society, there is currently some space reserved for state law in cyberspace and if there would be any future for it. It seeks to assess how the law must protect the man who doesn´t want this legal protection, preferring the rules established by cyberspace itself. The present investigation initially flies over the terrain of the characteristics of state legal norms and the function of law itself, embarking on the study to analyze how the production of rules in cyberspace by the Code has been revealed. It aims to know, in the light of the hypothetical-deductive method, if it is possible to construct a legal norma that is the result of the interpretative interaction between the rules of the Code and the norms of human rights. The result, in turn, achieved in this scientific research reveals that the most effective application-normative method to the cyberspace regulation process consists of producing interactives, developed from the limitation of the Code's rules by human rights norms.

Keywords : Cyberspace. Technological; information and digital world society. State legal norms. Rules of the Code. Human rights. Legal norma..

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