A violação dos direitos humanos nas redes sociais: o devir no crocodilo de Dostoiévski

Abstract

This dissertation is the result of dissatisfaction with the way we are dealing with the digital society, building it at great strides which are unattainable by the legislation of each State. What we see is a dispute over whether or not global digital technology companies are responsible for infringing content published by third parties, even if it violates human dignity. We contextualize the research with elements of data colonialism theory for the understanding of contemporary capitalism; along with the UN decision in 2011 to recognize internet access as a human right. Thus, the objective of this research was to present and discuss, with legal and literary support, cases of human rights violations experienced by Brazilian users of social networks. The primary and secondary questions that drove the research are: Are there cases of human rights violations in social networks? If so: Are there practical and effective judicial measures to stop violations and hold violators accountable? As hypotheses, we have that, first, there is a failure in the protection of the user, which constitutes a flagrant violation of fundamental and human rights in these digital environments, specifically in social networks. And secondly, that there is difficulty in maintaining a balance in the relationship between digital technology companies and States. Regarding the methodological procedures, bibliographic and document research was used, the latter focusing on the identification and collection, from the São Paulo Court of Justice (TJSP), of judgments involving application companies, in the resolution of false profile authorships. The analysis of the judgments used the content analysis method proposed by Laurence Bardin. And, to bring a nodal point between capitalism and formal education, we use Dostoevsky's novella The Crocodile as a metaphorical bridge, using socio-historical analysis, apprehending that the writer predicted the future of the voracious hunger of the foreign capitalist in an abstraction that would swallow up human dignity. The research results reveal that the historical tension between different social classes, racial groups – symptoms of an unequal world and country, such as Brazil – is reflected in the digital world. And this reflection, in turn, is manifested in the legislation produced, in the judgments and in the global appropriation of elites who, once extractive of natural assets, are now extractive of data produced by humans, exercising yet another way of plundering fundamental rights of connected populations.