RIGHT TO PRIVACY IN THE GENERAL LAW ON THE PROTECTION OF PERSONAL DATA

Abstract

The right to privacy provided in article 5, X, of the Constitution of the Federative Republic of Brazil is constitutionally guaranteed to all, as a result of the universality of fundamental rights, which ensures, from the information perspective, the individual’s control of their own personal information. In this sense, the essential nucleus of this right is investigated in order to later understand the legal implications arising from the promulgation of infraconstitutional legislations, especially ACT n. 13.709/2018, known as the general law on Data Protection (LGPD) and the Internet Civil Law, ACT n. 12.737/14. Therefore, the legal provisions of the LGPD are explained, whose purpose is to protect the user in the relationships that involve the provision of personal data, including data considered sensitive. Lastly, LGPD vulnerabilities are being investigated, notably with regard to presidential vetoes. In this bias, it is possible concluded that, with the promulgation of said law, the right to privacy, especially regarding the protection of personal data, received specific legal protection, however, there is still a need to complement it, insofar as some legal impasses are identified in the effective implementation of legal provisions, in particular, the predictability of the national authority for the Protection of Personal Data, as well as the definition of more hard penalties. To the elaborate this work the method inductive was used.