REDISCOVERING THE PRIVACY RIGHTS DECLARATION: OVER 70 YEARS AND A NECESSARY REFLECTION

Abstract

This article discusses the role of the Universal Declaration of Human Rights in terms of protecting privacy in the current period. In order to understand the phenomenon of guardianship and the right to privacy in a highly connected society, a bibliographic review was carried out, through theoretical, descriptive and qualitative research, adopting the deductive method. Based on the question of the possibility that privacy is becoming extinct in modern times, the article is structured based on an analysis of the history of the theme. It was found that initially the protection of privacy was linked to other rights, such as property and later honor, reaching independence only more modernly. Despite emerging as a bourgeois right and of a liberal nature, it evolved into a social construction, strongly influenced by the Universal Declaration of Human Rights itself. The need to internalize the law in national legal regimes allows a constant updating, something that is no different in Brazil, which constitutionalized the theme and expanded tutelage through different norms. At the end of the research, it was possible to conclude that the right to privacy is not extinct or even disappearing, in reality it remains in constant adaptation, demanding from the legislator and interpreting updates that guarantee its protection.