Digital Sovereignty in the 21st Century: Brazilian Considerations from the New Concept of Cyberspace

Considerações brasileiras a partir do novo conceito de ciberespaço

Abstract

Digital transformations are a hallmark of the 21st century. The rapid pace of change brought about by new technologies often surpasses the state's own capacity for transformation. Crafting laws, devising systems to safeguard democracy, citizens, and public assets is a slower process compared to the science and technology investments made by various companies. The outcome is a swift but globally insufficient state response, both in ensuring rights and curtailing exploitative processes. One of the most employed alternatives to bridge the gap between transformations and the state's regulatory space is the analogy between the physical and the digital realms. Consequently, legislation that has been perfected over centuries to curb economic agents' abuses on the social fabric transitions from the physical to the digital world. Nonetheless, this conversion has proven to be faulty and inadequate. This article scrutinizes the repercussions of the digital analogy of the concept of "sovereignty," comparing the American and Brazilian proposals in key areas of digital legislation development. The conclusion is that not only is Brazil lagging behind in technology development, but also in how the state seeks to assert citizens' rights and protect public assets. Ultimately, the digital realm is more intricate than the analogy with the physical suggests.