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THE PROHIBITION OF THE RIGHT TO ANONYMITY ON THE AUTHORITARIAN BRAZILIAN CONSTITUTION AND ITS IMPACT ON SOCIAL NETWORKS

Jos Renato Gaziero Cella1 Ana Carolina Vaz2

Summary: 1. Introduction. 2. The Paternalistic State and the Constitutional Law. 3. Broad sense of Paternalism. 4. Paternalism justifications. 4. Arguments against paternalism. 5. Utilitarian argument. 6. Individual autonomy. 7. Violation of individual autonomy. 8. Right to anonymity. 9. Effect on social networks. 10. Conclusion. 11. References. Abstract The Constitution of the Federative Republic of Brazil, enacted in 1988 during the democratization process of the country after the end of an authoritarian regime preceded by several others that show a non-democratic tradition in the Brazilian Republic, remained still remnants an authoritarian Patronizing and Paternalist state, the example of the final part of the Article 5, item IV, which claims to be the free expression of thought, but forbids anonymity, prohibition which deserves to be rethought, especially on the internet, where the navigation data of people deserve protection, as well as their rights to remain anonymous, a fact which entails the need for reflection on the scope and how best to interpret the constitutional provision cited, a debate that, in the proposed article will deal think the ideas of paternalism, authoritarianism and freedom, whose focus will be about within the Internet, social networks and the Knowledge Society.

Doctor of Philosophy and Theory of Law at the Federal University of Santa Catarina - UFSC, Masters of State Law at the Federal University of Paran - UFPR, Assistant Professor of Juridical Philosophy at the Pontifical Catholic University of Paran - PUCPR and Lawyer, in Curitiba-PR, e-mail: cella@cella.com.br.
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Specialist in Business Law and Lawyer, in Curitiba-PR, e-mail: Carolina@cfaa.adv.br.