The right of a healthy cybernetic environment: The informatics and the telematics under the Constitutional view

Abstract

The socio-cultural impact of technological revolution, given by the cyberculture, makes the cyber environment essential for the society, because of cyber relations therein established. Thus, the legal analysis of this new social order is necessary. The legal delimitation of cyberspace is achieved from its understanding as an artificial environment associated with the interpretation of the Constitution of the Federative Republic of Brazil, which shall, with no detriment to other methods of interpretation, be bound to the historic reality. This paper aims to demonstrate that the constitutional protection to the environment expands to the cybernetic, which becomes a fundamental right. Thus, the rights to dignity of the human being, the equality and the information consecrate the importance of the digital inclusion to the development of men as individuals and the society. Besides, the rights to security, privacy and intimacy fundaments the need to adopt information security techniques and measures of combat against virtual pollution, in order to provide the cybernetic environment the necessary health for a balanced development of the relations therein established. Considered as a fundamental right, the right to a healthy cybernetic can be depicted by the legislator and the legal interpreter more precisely. In addition, the fundamental right to a healthy cyberspace, because of the character-border and global environment of cyberspace takes on a border and global character, and, that is why, it must be incorporated to the international mechanisms of human rights protection.