Do estudo do consentimento ao legítimo interesse: uma análise dos limites para aplicação no Brasil das bases legais para tratamento de dados diante da Lei Geral de Proteção de Dados Pessoais (LGPD)

Abstract

This scientific work investigates the limits for the application and practical use of the legal basis capable of authorizing the hypotheses of personal data process, brought by the Brazilian regulation, the General Law for the Protection of Personal Data. Therefore, theoretical research was carried out in the legal-dogmatic area. Thus, the current scenario of digital monitoring and massive collection of personal data will be presented, to demonstrate the reality that led to the present study. Next, the most relevant legal basis for data processing will be presented, with emphasis on consent and legitimate interest very used in Brazil, as well as will be presented parameters, characteristics and criteria that must be observed to achieve adequate data treatment. Finally, the subjects involved in the process will be exposed and how each one can contribute to the application of the limits presented in practice so that the work gives rise to applicable solutions.