A proteção de dados pessoais no direito brasileiro: entre direitos humanos e direitos fundamentais

Abstract

The present study aims to reconstitute the evolution of the right of privacy and the right of data protection in Brazilian Law through the main academic, jurisprudential and normative contributions about this multidisciplinary theme which involves norms of international law, principles and theories regarding human rights and fundamental rights, as well as the norms prescribed in the Brazilian constitutional and infraconstitutional legislation. The research developed here has qualitative, bibliographic and documental nature, examining academic literature, judicial sentences, court rulings, guidelines, audit reports and technical notes, either national or international. Making use of this foundation, we tried to make connections and put them together in a way to establish a driving force which will help to understand the gradual formation and acknowledgement of the rights of privacy and data protection inside a profile encompassing international legislation, human rights and constitutional law. The purpose of this study is to cover and to reveal a theoretical framework in order to subsidize the elaboration of future works about yet controversial topics regarding Brazilian General Data Protection Law (LGPD). At the end of this work a few of those questions of pending solution are suggested in order to lay the groundwork for future research, from this author or other researchers, concluding about the indispensability of the knowledge regarding the formative process of the rights hereby studied in order to know whence they originated and how they are accomodating in the contemporary social conjuncture.