O NOVO CONSTITUCIONALISMO DIGITAL EM DEBATE: ENTRE OS AVANÇOS TECNOLÓGICOS E OS DIREITOS FUNDAMENTAIS

DEBATING THE NEW DIGITAL CONSTITUTIONALISM: BETWEEN TECHNOLOGICAL PROGRESS AND FUNDAMENTAL RIGHTS

Abstract

This article explores the consequences of technological advancement, focusing on the safeguarding of fundamental principles within the scope of individual and collective rights. It examines the protection of privacy, freedom of expression, and political participation in the context of users' interactions with emerging technologies in cyberspace. The central research question investigates how technological progress challenges the protection of fundamental rights in the digital environment, particularly with regard to privacy, free speech, and civic engagement. Theoretically, the present study is grounded in the framework of Digital Constitutionalism, a movement that arises in response to the emergence of new rights shaped by digital complexity and pluralism, anchored in ethical and moral principles, aiming to promote the collective well-being in an increasingly digitized society. Methodologically, the research adopts a theoretical and qualitative approach, drawing from a comprehensive literature review as well as normative and jurisprudential sources. The findings suggest that the digital society demands the development of specific constitutional principles capable of balancing technological innovation with the protection of fundamental rights. In this context, digital constitutionalism emerges as a “fifth dimension” of rights and a necessary paradigm for upholding democratic values within virtual environments.