Dados pessoais de crianças no Brasil: o consentimento parental da Lei nº 13.709/2018 e a sua interpretação civil-constitucional

Abstract

The experience of the information society, in an era marked by post-modernity and surveillance capitalism, highlights the need for attention to protecting personal data, established as fundamental rights in the legal system. The general objective of this dissertation, therefore, is to verify the protection of personal data of children, conceived as subjects of rights, in Brazil, especially after the promulgation of Law no. 13,709/2018 (General Personal Data Law – LGPD) until the present moment. , and how the processing of this data is carried out with the application of the parental consent rule (art. 14 of the aforementioned law). To observe this implementation, the rights of provision, participation and protection of children were considered, as well as a legal analysis of the topic in light of the principles of the best interests of the child and the social function of data, which ultimately constitutes , a normative interpretation based on the theory of the effectiveness of fundamental rights in private law, the transversality of data protection for the child population and the dialogue of existing sources on this topic. The research methodology of this work has a deductive approach and bibliographic-doctrinal research technique, employing a literature review on the topic. The results show that the mere application of parental consent is insufficient for the processing of childhood personal data, making it necessary to use additional hypotheses contained in the LGPD, the ECA and the CRFB/1988, among other legal frameworks, as well as the treaties international agreements to which Brazil is a party (especially the Convention on the Rights of the Child), with the State exercising its regulatory role.