Self-determination: inconclusive paradigms between the protection of rights of personality, the regulation of electronic databases and architecture of the Internet

• Grant number: 12/25509-0
• Support type: Scholarships in Brazil - Master
• Effective date (Start): May 01, 2013
• Effective date (End): October 31, 2015
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal researcher: Cíntia Rosa Pereira de Lima
• Grantee: Bruno Ricardo Bioni
• Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated scholarship(s): 14/08498-0 - Reassessing the informational self-determination: the normative debate on personal data protection, BE.EP.MS

Abstract

This research project aims at presenting an electronic database regulation proposal through the so-called informational self-determination. Then, it will be investigated the process of interaction between the holder of the databases and the one who holds the personal data from the verification of the informational right/duty among those subjects who polarize such legal relationship, in order to rationalize the informational self-determination its own, especially such functionality in the electronic environment. Finally, it is intended to establish a confluence of all this thematic with the so-called Internet architecture and its information flow which is inherent in the information society in order to achieve an effective and sufficient protection of personal data control, but that does make impossible the improvement experienced by society and its consequent social value, in order to complete the famous triad of Miguel Reale: fact, value and norm (Three-dimensional Theory of Law). (AU)