CHALLENGES OF THE EXERCISE OF SOVEREIGNTY IN CYBERSPACE
DOI:
https://doi.org/10.21527/2176-6622.2019.51.21-33Keywords:
Cyberspace, Sovereignty, International Law, Internet GovernanceAbstract
Cyberspace, with its way of functioning, has deepened the mismatch previously fostered by globalization in relation to the traditional notion of sovereignty. This incompatibility makes it difficult to control the digital sphere through its own legislation. Given this scenario, it was observed the need to transform the exercise of sovereignty, so that it became appropriate to the way this new environment works, motivating its reformulation by some scholars like Ávila, Gatto, Franzese and Lessig. However, even reformulated, these new models of exercise of sovereignty are still not enough to allow the complete regulation of cyberspace. Thus, the purpose of this paper, based on analysis and reviews of the literacture collection chosen, is to show the reason for the insufficiency of the new models of exercise of sovereignty when considering the way cyberspace works. In the end, it is suggested that Lessig's proposal can be used as a palliative to mitigate legal uncertainty in cyberspace.
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