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The Big Data and the challenges of modernity: the necessary regulation?


KeywordsTriple Keywords
Revolutionary wars
Legislative acts
Enactments, Legislative
Acts, Legislative
Legislative enactments
Laws (Statutes)
Concept formation
Subject (Philosophy)


purpose — This objective article presents the reader to the paradigm revolution represented by the Big Data, as well as encouraging him to imagine how law can deal with the challenges that will arise from historical moderation.Methodology/approach/design — The text has been constructed from bibliographic research aimed at explaining the Big Data’s phenomics and problematic, in the light of Immanuel Wallerstein’s theorisation on modernity, its implications for the Directive.Results — The article presents the main features of the innovative phenone of Big Data, focusing on the potential harmful implications for democratic participation in the regulatory process, then linking them to the concepts of technological moderity and modernity of release, developed by Immanuel Wallerstein.Practical implications — The article serves as an invitation to the researcher interested in the impact of technological modernity on 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 into Brazilian legal research in so far as it helps to introduce in Portuguese the subject of the legal implications of Big Data, whose search, even in English, is still incipient.

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