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Article

English

ID: <

oai:doaj.org/article:7c0a91ddbf3944c9a884e8ab1c5ac3c0

>

Where these data come from
The Big Data and the challenges of modernity: a necessary regulation?

Abstract

Propósito – This objective article presents the reader to the paradigmatic revolution represented by Big Data and encourages him to imagine how the law can deal with the challenges that will come from technological modernity. Methodology/approach/design – The text has been built from literature research to explain Big Data and to raise problems, in the light of Immanuel Wallerstein’s theorisation of modernity, its implications for law. Results – The article presents the main features of the innovative Big Data phenonology, with emphasis on the potential harmful implications for democratic participation in the regulatory process, and then relate them to the concepts of technological modernity and modern release developed by Immanuel Wallerstein. Practical implications – The article serves as an invitation to the researcher interested in the impact of technological modernity on the legal institutions that modulate and legitimise the regulatory process, with a particular focus on the Big Data. Originality/relevance of the text – The study innovates in Brazilian legal research to the extent that it helps to introduce in Portuguese the issue of the legal implications of Big Data, the research of which, even in English, is still incipient.

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