Cibersegurança e o direito em tempos de hiperconexão: conceitos, reflexos e proposições

Abstract

With the advent of the Fourth Industrial Revolution in recent years, and the resulting digitalization of the economy and social relations, cybersecurity has increased in importance. This work investigates the origin of the right to cybersecurity, taking into account its different possible perspectives (fundamental right, police power, computer concept), its collision with the right to privacy and several other relevant discussions, such as cybercrime, cyber espionage, cyber warfare, encryption. The objective is to map the main discussions in foreign and international law so that they can serve as a basis for further analysis of the perspective adopted in Brazil. Nevertheless, it investigates the legal rules related to the theme present in the Brazilian legal system, from more general rules, such as the Marco Civil da Internet, to specific rules, such as the National Cybersecurity Strategy. In addition, the regulatory model proposed by Lawrence Lessig is also used to demonstrate the challenges related to the regulation of cybersecurity by a single State, especially when it is an importer of foreign technology, as is the case in Brazil