Direito À Privacidade Na Era Digital – Uma Releitura Do ART. XII Da Declaração Universal Dos Direitos Humanos (DUDH) NA Sociedade Do Espetáculo

Abstract

Recently, the Universal Declaration of Human Rights (UDHR) turned 70 years. The text, developed in the post-World War II context, was designed to sediment basic universal principles to be adopted by all nations as a way of guaranteeing life with a minimum of dignity, avoiding to repeat the atrocities experienced in one of the bloodiest periods in the history. Although not of a cogent nature, the UDHR was adopted by the vast majority of nations, including Brazil, which inspired it to draw up its Charter of Fundamental Rights. Among these principles figures the protection of individuals’ privacy, outlined, albeit succinctly, in art. XII. Its content expressly prohibits arbitrary interference in private life, home, and correspondence, as well as attacks on the honor and reputation of every human being. However, it was thought that the notion of privacy that existed in 1948 was different from the present one, and the possibilities of its violation infinitely smaller. Universal access to the internet, as well as the availability of other technologies developed during the “cold war”, has dramatically altered essential aspects of our society, especially the way of thinking and dealing with privacy. This study aims at analyzing controversial and current issues faced in the daily life of the digital age in which we live, which transformed society into a constant spectacle, with little or no space left to privacy, proposing, in the end, a re-reading of this legal device. The dialectical method was adopted, using basic bibliographical research, aiming its application, with a qualitative approach.