Proteção de dados pessoais no ordenamento jurídico brasileiro: o tratamento de dados como instrumento de tutela da privacidade

Abstract

The present work aims to analyze the conception of privacy in the last decades, as well as its reflexes in the societies, intending to understand the value of the subject in the present time and how the protection of the privacy in the Brazilian legal system occurs. Once immersed in this theme, people can note the growing relevance of the privacy of personal data. In this sense, a deeper study is started on the concept of personal data and its particularities, as well as the application of data in daily life and the risks of misuse. Overcoming the initial issues, it is observed that data privacy has been considered a personality right, giving equal importance to the right to privacy, for example. Given the importance of the subject, it is evident the necesity for regulation, occasion when it takes advantage to study the legal acts that subsidized the protection of personal data in the Brazilian legal system, drawing a timeline that culminates in the recently created General Data Protection Act (LGPD). Furthermore, it is important to highlight which legal acts influenced the creation of the New Law, with special emphasis on the General Data Protection Regulation (GDPR). Overcoming these issues, we move on to further analysis of the new personal data protection law, with a special focus on data processing and data subject autonomy. The LGPD, although not yet in force, generates a number of expectations for scholars in the area, as well as discussions about its application.