A lei n. 13.709/18: desafios a serem enfrentados pelo conselho nacional e pela autoridade nacional de proteção de dados pessoais para a sua efetivação e aplicação em prol do direito à privacidade dos consumidores.

Abstract

This monograph takes on the General Law on Protection of Personal Data (Law No. 13,709 / 18), as well on the forecast of the creation of the National Council for the Protection of Personal Data and National Data Protection Authority, in a way that the central hypothesis was regimented as being the challenges found in both the “CNPDP” and the “ANPD” for the effectuation and enforcement of the disposed norms studied here, in favor of the right for privacy of the consumers. The subject choice is justified by the observance of the lack of many deep juridic studies on the subject, as well by temporality and relevance in the today digital society. Be clear that the present work was structurally divided in four chapters, with the Phyto of best exposition on the proposed subject. The first chapter intended to explore about the basic regent principles, essential concepts, and the scope of normative incidence of the “LGPD”, as well a focus on the rights to privacy of the data holders. The second chapter talks about the phases of treatment of the personal data in Brazil. The third chapter discourse about the constitution and the functions of the “CNPDP”, as well the juridic nature and attributions of the “ANPD”. The fourth chapter goes on the existence of challenges to overcome by these entities, by the means of instruments of National Politics, the Principle of State Intervention, considering the Principle of Vulnerability of the Consumers, and the National System of Consumer Defense. About the methodology, the hypothetic-deductive method was utilized; in the philosophical aspect, hermeneutics was used; in the sociological aspect, historical was chosen; the juridic methods was the hermeneutic and argumentative; and, about the methodological ways, critical methodologic was elected. In the proposed objectives, the exploratory research was adopted, by the means of technical procedures, and the bibliographical and documental research. It was concluded that the problem resides in the lack of protection effectiveness of consumers personal data, if we only take fulcrum on the “LGPD”, it is necessary a conjoint operation in all the “SNDC”, looking forward to protecting effectively the consumers privacy right, whose fragility is potentialized in front of a informational society.