Tratamento de dados pessoais à luz da Lei no 13.709/18: Análise acerca das bases legais e o protagonismo do consentimento

Abstract

The present work aims to analyze the protagonism of the consent institute as a legal basis for the processing of personal data, considering the legislative and social experiences over the last decades, as well as the impact caused by the regulation introduced in the General Law for the Protection of Personal Data, especially with regard to the provision of new legal bases. Therefore, the research begins by trying to understand how the evolution of legal thinking around the protection of personal data took place, verifying its origin and development in the world. Subsequently, it presents an overview of regulation in the Brazilian legal system, by examining the so-called sectoral laws and the regulation brought by the systematizing standard in our legal system, the LGPD, also covering the concept of legal bases and the species predicted by the LGPD. Finally, its studied the legal basis wich is the focus of this research, the consent, concluding its insufficiency given the numerous possibilities of crossing and secondary use of data, especially those generated by the exponential increase in information processing capacity in recent years, warning for the need to explore technological tools that assist in the empowerment of the data subject, as well as the use of protection mechanisms that do not depend exclusively on the individual's decision-making autonomy.