Os desafios da efetivação do direito à privacidade digital no Brasil: proteção de dados para além do consentimento, uma análise à luz da Lei 13.709/2018

Abstract

This dissertation addresses the challenges of enforcing the right to digital privacy in Brazil, focusing on data protection beyond consent under the framework of the General Data Protection Law (Law No. 13,709/2018). Initially, it contextualizes the historical transition of societies, from agricultural to the information society, emphasizing the centrality of information as an economic asset and instrument of power in contemporary times. In this context, personal data is analyzed as an extension of human personality, requiring a normative approach that promotes dignity, autonomy, and informational self-determination. The research identifies the limitations of the consent-centered model, especially considering informational asymmetries and the rise of technological surveillance. Furthermore, it examines the impact of new technologies on behavioral profiling and the risks of algorithmic discrimination, highlighting the hypervulnerability of data subjects. Finally, the dissertation proposes a systemic approach to personal data protection based on risk regulation, focusing on dynamic principles and overcoming the dichotomy between public and private spheres. This proposal reflects the need to adapt Brazilian legal frameworks to the ethical and legal challenges posed by the digital economy and the datafication of social relations, consolidating data as an autonomous category of personality rights.