A responsabilidade civil na LGPD e a efetivação do direito fundamental à proteção de dados pessoais

Abstract

The objective of this study is to analyze the civil liability regime adopted by the Brazilian General Data Protection Act, according to the constitutional parameters, particularly the protection of personal data - now raised as a fundamental right by the Brazilian Constitution (section 5th, item LXXIX of the Brazilian Constitution). For this purpose, an initial attempt is made to define some concepts relative to the treatment of personal data, for the reader's better understanding of the theme. The guiding principles of the new data legislation will be listed, in order to one's understanding of the objectives pursued by the legislator when proposing such law, which must be respected by judges and other law operators. After that, an approach will be made about the civil liability adopted in our legal system, which will serve as a basis for the understanding of the next chapter: the study of civil liability adopted in the Brazilian data law. Following this, we will analyze the treatment given by the law to the civil liability of personal data agents, which differs from the general regime adopted by the Brazilian Civil Code as well as it doesn't fit into the Consumer Protection Code liability regime. In this sense, a comparison should also be made with the consumerist code, bearing in mind that a large part of data treatment operations also intersects with the consumer law, attracting both diplomas. At the end, we seek to understand whether the regime adopted by the GDPA is compatible with the constitutional guidelines, as well as whether it will be able to enforce the protection of the holder's personal data