A garantia do direito à proteção de dados no âmbito da ordem jurídico-constitucional brasileiro

Abstract

This dissertation aimed to analyze the evolution of the fundamental right to data protection from the General Data Protection Law (LGPD) and what are the implications for the life of the citizen. It analyzes data protection in the general theory of fundamental rights; addresses the right to privacy and data protection; and discusses some legal-constitutional aspects about the misuse of personal data in Brazil. As a methodology, it used the deductive method, starting from the general theory of civil liability for the particular study of the right to privacy and its protection by the Federal Constitution of 1988 (CRFB/1988), LGPD, Civil Code (CC), Marco Civil da Internet (MCI) and other ordinary legislation. At the end of the study, it was concluded that data protection as a fundamental right in Brazil is ensured both by the CRFB/1988, which guarantees the right to privacy, and by the LGPD, which establishes a comprehensive set of rules and rights related to the treatment of data. personal data. These regulations are critical to protecting the privacy of Brazilian citizens and ensuring that their personal information is handled appropriately and securely.