Abstract

PALMA, Oona Isabel Hernandez. Legal pluralism of the 21st century and digital rights: reflections on the sentence su-420 of 2019 of the Colombian Constitutional Court. Justicia [online]. 2022, vol.27, n.41, pp.137-149.  Epub June 30, 2022. ISSN 0124-7441.  https://doi.org/10.17081/just.27.41.5702.

The article alludes to the current discussions around digital rights and takes as a point of reference the advances that exist in Europe, with the purpose of reflecting on the approach that in the Colombian context could be verified in the face of the appearance of a “fourth wave of rights”. This, having as vertex of analysis the judgment SU-420 of 2019 that unifies rules to assess the situation of defenselessness in the processing of the tutelage action against individuals by virtue of the conflicts that arise in the virtual scenario on the exercise of freedom of expression. The analysis that is presented embraces the category of legal pluralism as a theoretical meeting point, considering that the legal recognition of digital rights is supported by flexible and contextual forms of regulation located in the idea of governance on the Internet, but from the Critical legal theory can be understood as a way of visualizing the legal pluralism of the 21st century. In this sense, it is necessary to point out that the fourth generation of rights is not limited to state recognition, but rather requires the harmonization of the different regulatory forms that can occur within the activity carried out in cyberspace given the multiplicity of actors. that converge on it. By virtue of what is expressed, in the article, its purpose is to answer the question asked: to what extent does Colombian constitutional jurisprudence resort to legal pluralism to resolve conflicts arising on virtual platforms on the exercise of freedom of expression? To solve it, the inductive method was used from the qualitative approach, based on the documentary analysis that was made on positions outlined by the Colombian Constitutional Court.

Keywords : Internet; digital right; legal pluralism; governance; freedom of expression.

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