A declaração universal dos direitos humanos nos espaços digitais: Uma necessidade em tempos cibernéticos

Objective: To analyze the model of classic and digital constitutionalism, in the aspects that were addressed by contemporary scholars, examining the progress already achieved, such as artificial intelligence and the resulting need for a new universal declaration of human rights for digital spaces. Methodology: The normative-deductive method is applied, based on a bibliographic review, through the analysis of classic constitutionalism, exposed by Günther Teubner and his predictions for digital constitutionalism. Edoardo Celeste's studies on the influences of private actors in the norms of digital relations and state interference in cyberspace transactions aree also addressed, as politically legitimate. Results: The digital environment requires a re-specification and recontextualization of the existing constitutional model. Approaches made to ‘informational constitutionalism’, ‘electronic’ or ‘digital’ still seem tied to visions that are neither completely analogous nor entirely digital. In spite of new trends and different nomenclatures, the important issue is to have an archetype of legislation to act within the scope of cyberspace relations, culminating in the creation of a 'universal declaration of human rights in digital spaces' to curb abuse and defend rights of individuals from cyber attacks and human / fundamental rights violations. The limits for action by nation-states and global companies must be clearly exposed and debated, as well as outlined procedural limits, as a way to ensure sovereignty and democracy. Contributions: Refers to the finding that it would be up to the ‘Declaration’ to incorporate behavioral norms into the architecture of cyberspace to protect, in addition to citizens, also the autonomy of nation states.