THE STUDYING FUNDAMENTAL RIGHTS AND CIVIL RIGHTS WITHIN THE INFORMATIONAL SOCIETY CONTEXT

Abstract

The informational society presents a series of challenges for students and legal professionals. Some of these challenges are the recognition and enforcement of fundamental rights to guarantee the dignity of the human person and its full development. The aim of this study is to demonstrate that fundamental rights and civil rights are constantly recognized by the Courts in view of technological innovations. For this, the empirical method was used to recognize some of these rights such as personal data protection, the right to be forgotten, the right to de-indexation and the right not to be linked to something. This method shows how such rights are characterized by the Brazilian courts given the prevision as “numerus apertus” of the human rights stated in article 5o of CF/88, and articles 11 to 21 of the Civil Code. The selection of the cases resulted in an understanding of the distinction between the objects of these subjective rights, as well as the different forms of guardianship.