Constitucionalismo digital e inovação: dos discursos da jurisdição constitucional sobre o ciberespaço aos das políticas públicas de ciência, tecnologia e inovação

Abstract

This study investigates the role of law in addressing the technological transformations of contemporary society, with a particular focus on the protection of fundamental rights and guarantees. Digital constitutionalism, traditionally understood as the regulation of cyberspace, is expanded in this research to encompass science, technology, and innovation (ST&I) as structural elements of national development and the realization of fundamental rights. This leads to an inquiry into how the knowledge-based economy broadens the concept of digital constitutionalism - typically confined to cyberspace regulation in dominant legal scholarship - and how this expansion impacts fundamental rights. The central hypothesis asserts that technological innovation, when integrated into public policies, can reduce inequalities, foster sustainable growth, and ensure the enforceability of fundamental rights. The study adopts a qualitative and exploratory approach, analyzing documents, academic literature, and case law that highlight the relationship between innovation and fundamental rights. It examines the regulation of cyberspace in light of legal frameworks such as the Communications Decency Act (USA), the General Data Protection Regulation (EU), and ADI 5527 before the Brazilian Supreme Court. In the field of innovation, the study explores Constitutional Amendment No. 85/2015 and the Legal Framework for ST&I, emphasizing their role in fostering collaboration between the productive sector, academia, and government. Findings indicate that mission-oriented public policies drive innovation in strategic sectors, including the Economic-Industrial Health Complex (CEIS), the universalization of basic sanitation, and sustainable water management. Finally, the research argues that the regulation of emerging technologies must go beyond the mere normative governance of cyberspace, promoting innovation as a fundamental right and ensuring that the knowledge economy serves as an effective means to protect human dignity and build a more just and inclusive society