Lei geral de proteção de dados e sua aplicação na administração pública

Abstract

In recent decades, society has undergone several transformations that have substantially affected social, economic, cultural, environmental and political relations. Among these changes, the industrial revolutions stand out as the main driving force of several economic and technological changes that enabled the emergence of new forms of organization of society and gave rise to discussions about fundamental rights and even the recognition of new rights. In this context, the role of Public Administration stands out in providing digital services and as the guarantor of citizens fundamental rights and guarantees, as well as fundamental administrative rights. In view of this, the present work intends to investigate and describe the implementation of the Brazilian General Data Protection Law in the context of Public Administration performance, aiming to demonstrate the importance of adopting governance practices and, mainly, the data governance as a way to promote an effective public management. To this end, the type of research used was exploratory research, with the objective of investigating and understanding the evolution of the right of personal data protection in the global context; comprehend basic concepts concerning the performance of Public Administration, such as governance; and how data governance relates to the performance of Public Administration. As for the approach, the qualitative methodology was used through the analysis of qualitative aspects on the topic, such as normative instruments and relevant literature of the topic. Regarding the technique used as an instrument to achieve the research objectives, bibliographical research is cited, due to the use of already published materials such as articles and periodicals, as well as the use of legislation related to the topic. It was concluded that for an efficient application of the brazilian General Data Protection Law, it is necessary to adopt a solid governance structure in the public sector that culminates in consistent and effective data governance, in order to guarantee the fulfillment of the administrative duties displayed in the brazilian Constitution, as well as the fundamental rights and guarantees addressed in this work.