O diálogo entre a lei geral de proteção de dados e direito eleitoral

Abstract

Throughout this dissertation, we will address issues concerning digital rights and their direct correlation with the democratic process used in Brazil, aiming to demonstrate how the way data is treated and manipulated directly impacts the democratic process. InitiaIIy, we seek to contextualize and discuss the existence of democracy, nonnegotiable constitutional rights such as freedom, privacy, and intimacy, and how such concepts could be threatened by the rapid expansion of technology and the extensive commercialization of citizens' personal data. Next, we highlight the importance of personal data protection, making a distinction between personal data and sensitive personal data and their value to the industry and the democratic process. Furthermore, we will use the temporal marker of the major personal data breach carried out by Cambridge Analytica to provide context on how the new politics deals with voters' personal data, how public opinion is quietly shaped by companies that possess what is called the "new oil," and how Brazilian legislation seeks to contain this phenomenon. ln conclusion, we emphasize the importance of dialogue between the General Data Protection Law and Electoral Law, which will work together to prevent predation of the data of the most vulnerable individuals. To develop the subject in-depth, we utilized the technique of literature review, relying on expert scholars who contribute significantly to the advancement of both Digital Law and Electoral Law.