A teoria das causas nos contratos eletrônicos firmados sob a égide da lei geral de proteção de dados: uma análise da base objetiva frente o instituto do legítimo interesse

Abstract

The research analyzes how the theory of the causes of contracts is present in the legal system through the economic-social functionalization of legal businesses, with a focus on electronic contracts that will come from the Lei Geral de Proteção de Dados (LGPD). The theory of the cause of the contracts, despite not present in the Civil Diploma of 1916, adopted a new conception through the objective theory, the constitutionalization of Civil Law and, mainly, the principle of the social-economic function provided for in art. 421 of the 2002 Civil Code, which is now being discussed again. Assuming its position in the Legislation, this started to be used by the domestic jurisprudence to base decisions and demonstrate all its importance to understand what are the purposes of the contracts currently concluded. The context of electronic contracts naturally coming from the information society, makes the functionalization of contracts need an objective basis that governs them. In this sense, understanding what has been accomplished in the General Data Protection Regulation (GDPR) is of paramount importance to, inductively, understand what the consequences may be generated by LGPD in the national scenario. It is necessary to determine what would be the objective basis of the contracts signed under the aegis of the LGPD and demonstrate how the legitimate interest institute, created by the Law, is used to configure when there is a breach of that basis