THE FUNDAMENTAL RIGHT TO SAFETY AND THE DUTY TO PROTECT HUMAN RIGHTS DEFENDERS IN THE CONTEXT OF DIGITAL PLATFORMS

Abstract

Contextualization: In Brazil, human rights defenders, including Indigenous people, quilombolas, traditional peoples, and communities, have used digital platforms to give visibility to their agendas. It turns out that, just as in the real world, in the virtual world, hate speech, threats of the most diverse forms and configurations, as well as delegitimization, have proliferated. Therefore, it is necessary to analyze the dimension of the effectiveness of the fundamental right to security in the context of digital platforms/social networks, especially due to the impossibility of delimiting rigid frames between physical reality and the platformization of life and, in this sense, of operating with a guarantee of appropriate duties.

Objectives: Analyzing the role of the State, information flows, and the digital architectures of platforms, emphasizing the functioning of social networks and media and the responsibility that should be attributed to them, guaranteeing the safety of everyone, particularly defenders and human rights defenders.

Method: The approach method is hypothetical-deductive, through exploratory research using bibliographic and documentary review, as well as case studies.

Results: The state failed to comply with its duties of care and digital platforms failed to exercise due diligence in ensuring the safety of their users, particularly human rights defenders who, because of their inherent vulnerability, should be subject to additional protection.