文章基本信息

标题：COMMUNICATIONS SECURITY IN AN INSECURE WORLD
本地全文：下载
作者：Andréa Queiroz Fabri ; Carlos Eduardo do Nascimento
期刊名称：Revista de Direito Internacional Econômico e Tributário
印刷版ISSN：2318-8529
出版年度：2017
卷号：12
期号：2
页码：208-224
语种：Portuguese
摘要：Contemporary constitutionalism is founded on fundamental rights, which have been hardly conquered by peoples of different nations and times. One of these rights is information, once individuals must be informed of their personal data in order not to be, for example, unjustly accused of something illegal. More complex than the right to information is the right to communication and this may be described as the right to share information expressing one´s opinion, based or not on scientific sources. Being a part of individual fundamental rights, information and communication are comprehended in State negative obligations towards people, which implies not to interfere in private lives, including businesses. This is especially emphasized in the right to privacy and in laws whose aim is to protect intellectual property. These rights have recently seemed to be menaced by worldwide notices of internal government surveillance over other countries communications mainly by the internet. Countries accused have tried to punish delators alleging they had betrayed their government and terrorism has been used, in last internal countries´ surveillance acts, to justify the relativization of privacy in communications. So as to protect their internal government and private communications including intellectual property to safeguard enterprises from unfair competition, some countries have been enforcing laws concerning the internet. Although this may be a sign of protection, once the internet has no frontiers, isolated responses to surveillance problems are not able to face international relations and lack of loyalty among nations and their economic and security interests. Then, in spite of having failures, one may assume that, in this case, international treaties may be the most effective means of preventing “undue” surveillance, even knowing that the human factor and the ideologies behind peoples´ behavior may be used to infringe laws on behalf of what they believe to be a great cause.