A proteção dos dados pessoais como um direito fundamental

Abstract

This research aims to understand how the personal data protection recognized as a fundamental right in the Constitution of the Federative Republic of Brazil of 1988 ensures greater protection and legal security in relation to any type of information concerning the individual. It is verified that, being a fundamental right, data protection reaches the entire Brazilian legal system, whose essence is the principle of human dignity. It is analyzed that the concept of privacy is not to be confused with the personal data protection, in the midst of the Big Data context, in which dayto-day activities are being managed by technologies that impact society and cross the scope of individual freedoms and rights that permeate the new fundamental right. To this end, the importance of the right to informational self-determination was discussed, which ends up being a fundamental pillar to strengthen the right to data protection. In this opportunity, therefore, the enactment of EC nº 115/22 becomes a necessary milestone in order to provide more solidification and legal security to this issue. As such, it focuses on how to reconcile technological development without violating data protection, that is, protecting the individual who is behind this personal data. Since the LGPD is the main law responsible for giving effect to the enacted fundamental right, the regulation of personal data protection will be analyzed under the LGPD, the legal bases that legitimize the processing of personal data, that is, what will be done with the data and for what purpose it will be processed, and how the Courts and ANPD have positioned themselves in relation to the LGPD. After all, personal data protection means not only protect the data itself, but, above all, to protect the human beings to whom the data refers