A proteção da privacidade genética no ordenamento jurídico brasileiro

Abstract

The monograph investigates the question of the absence of a specific law in Brazil on genetic data and the rights that permeate this theme, above all, how these data can be considered as personality rights together with belonging to the concept of sensitive data, and, as this gap may give rise to a conflict between privacy and freedom. Thus, a study will be carried out through the Comparative Law of international provisions, other nations and the Brazilian legal regime. Furthermore, this research analyzes the main stakeholders in these data and how the countries deal with these conflicts and how Brazil solves these cases that involve personality rights. From this, it will be possible to verify that the Brazilian legal provisions exist, but are insufficient, making it necessary to create and approve a specific law that covers all the particularities of this theme and that while it is not approved, that the magistrates resolve by weighting technique.