O hiperciclo do direito: os desafios do ciberespaço, o jogo e as regras

Abstract

This thesis proposes a reading of the Law from the Game, the Hypercycle and the communication flows. The changes in Law are decisively affected by the transformations that have occurred in new information technologies. The scenario used is the Cyberspace, where a world of many voices, data and information flows is intoned. Human relations are now piloted by this new virtual world, moved by the flows of communication and information, the human being moves by typing ludically according to the architecture of the network. Two seizures are made between the Game and the Law. The first one by the analogical method and the second one from the idea of dialectics which leads to a way of understanding complexity. The game – a space between two – emerges as an explanatory and interpretative paradigm. Game and Law evolutionary systems interactions of changing rules, where paradoxes reign. The communicational processes animate the game of mobile rules in Law. Communication is a paradigm of Law, and Cyberspace is a space of interactive communication flows. In this environment common to all, freedoms are regulated in a fragmented way. By regulating Cyberspace, the Law regulates existing communications, facing problems that always emerge when liberties are regulated. The problems of regulation include privacy, disinformation, big data, among others. When regulating existing communications, the Law regulates its own speech. Communication as the first element that constitutes society is an event that requires understanding, in a game where one can accept or reject (double contingency). The law maintains legal communications by creating and recreating hypercycles. The results, as in the game, may be the expected or the unthinkable. A living and dynamic law appears in a reciprocal interweaving. At the same time, Law in a multicentric world appears fragmented in a hyper-connected place, occurring intertextuality between legal systems. Legal systems observe each other and promote a learning exchange. A Fragmented Law and a Cyberspace where the world community is connected with a diversity of regulation makes an appeal to the common