Responsabilidade civil do advogado frente à lei geral de proteção de dados (lei nº 13.709/2018)
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Data
2021-10-29
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Editor
Universidade Federal de Goiás
Resumo
The present work, using the deductive method, aims to expose the civil liability
system adopted by the General Data Protection Law (Law nº 13.709/2018) in the activities
developed by the lawyer. Thus, first, the concept of personal data was established, as well
as its scope for the purposes of applying the LPGD. Soon after, it was explained about the
protection of personal data as a fundamental right, from the perspective of data protection
being designed also as a means of guaranteeing the personality rights of individuals. On
the other hand, the basic concepts of civil liability provided for in the national civil doctrine
were explained, thus encompassing all the basic elements as well as the distinction between
the means of liability that exist in the national legislation: subjective and objective;
contractual and non-contractual. In addition, an explanation was also made about the duties
that the lawyer must have during the performance of his role, as well as the responsibility
that the lawyer has towards its clients and third parties. In conclusion, it was raised about
what constitutes an unlawful act to be held liable before the LGPD, as well as the duties
that processing agents, including here the figure of the lawyer, must have in the processing
of personal data. Finally, it makes a comparison between the main theses that try to define
responsibility in the LGPD as subjective or objective, thus demonstrating which thesis is
better suited to the legal system.
Descrição
Palavras-chave
Responsabilidade civil, Dados pessoais, Responsabilidade civil do advogado, Tratamento de dados pessoais, Civil liability, Personal data, Attorney's civil liability, Processing of personal data
Citação
FERREIRA, Luiz Henrique Rodrigues Gonçalves. Responsabilidade civil do advogado frente à Lei Geral de
Proteção de Dados (Lei nº 13.709/2018). 2021. 63 f. Trabalho de Conclusão de Curso (Graduação) – Unidade Acadêmica Especial de Ciências Sociais Aplicadas, Universidade Federal de Goiás, Cidade de Goiás, 2021.