Da efetividade do consentimento na LGPD para a garantia dos direitos fundamentais à privacidade e à proteção de dados pessoais na internet

Abstract

The present work sought to carry out an overview and analysis of privacy and data protection in Brazil in the online environment, notably with issues related to the General Data Protection Act defined on data protection. This research is to understand the history and conceptualization of the fundamental right to privacy and the protection of personal data, so that, from this, it is possible to understand the evolution of these rights in the online environment with the Carolina Dieckmann Law, the Marco Civil da Internet and the General Data Protection Act. With the understanding of the LGPD, it becomes possible to ascertain its most important points, especially an idea of consent, one of the basic premises of Law 13,709/2018. Then, its aspects of contact are analyzed, with positive and negative verification. Finally, the objective is to guarantee greater protection of consent, in order to guarantee respect for the fundamental rights of privacy and protection of personal data. Regarding the methodology, the procedure adopted was the bibliographical one, with the use of books and scientific articles. As for the approach, a strong qualitative bias can be affirmed, in view of the interpretative nature of the LGPD. Regarding the objectives, it can be classified as exploratory, as it seeks to provide greater familiarity with the theme.