As mudanças trazidas pela Lei Geral de Proteção de Dados e suas implicações na proteção de dados pessoais dos consumidores pelas empresas privadas

Abstract

The present study aims to verify, based on doctrine, legislation and jurisprudence, if the protection brought by the General Data Protection Law (LGPD) has been sufficient to safeguard the protection of consumer data in private companies in times of technological evolution. To this end, it exposes the legislative evolution of data protection in Brazil, seeking to identify whether there is harmony between the LGPD and the Consumer Defense Code (CDC) in the Brazilian legal system; analyze the structure of the LGPD, its main concepts, nomenclatures, fundamental principles, positive and negative aspects and compliance mechanisms; understand the LGPD and its peculiarities when applied to private companies, especially with regard to the vulnerabilities observed in the processing of consumer data; and investigates the jurisprudential position regarding violations of personal data protection before and after the enactment of Law 13,709/2018, as well as the consequences of consent in assessing the occurrence of violation of personal data, especially sensitive personal data. The methodology used in this dissertation was the theoretical-dogmatic research, since we opted for bibliographical research, carried out from a literature review on legal articles and doctrines; and by documentary research on legislation and jurisprudence with the purpose of responding to the problem outlined with a view to finding a solution to mitigate the conflict that formed around the technological evolution and necessary protection of consumer data from private companies. It was seen that by combining positivization with awareness and education, the law will be able - as it has been striving - to respond to the novelties proposed by information technology, with the realization of its fundamental value: the human person, his dignity and the security of your data. It was finally concluded that, considering that cyberspace is a digital environment, whose raw material for its support, and promotion of informational capitalism, is personal data, it remains evident that its use in an unrestricted and unconditional way, can affect rights individual consumers. Thus, viewing information as a product/service makes it possible to recognize that consumer protection rules must be applied to its use, as this remains the vulnerable part in the consumption relationship with the supplier. It is understood that each company has its specificities, depending on its business models, the market in which it operates and its relationship with customers and partners and that, as a result, sharing data and signing contracts can gain different nuances. However, the basis, in all of them, must consist of transparency and responsibility, through the demonstration of clear and evident concern with the security of consumer data and the adoption of attitudes that can ensure it.