SURVEILLANCE CAPITALISM, FUNDAMENTAL RIGHTS AND THE CONSTITUTIONAL PROTECTION OF DATA PROTECTION IN BRAZIL

Abstract

This article is intended to analyze, from a comprehensive perspective, the constitutional protection of data protection in Brazil. It seeks to demonstrate that the popularization of the internet has been permeated by the constantly monitored and camouflaged of users, which not only violates the right to privacy but also harms the right to self-determination. Based on a hypothetical-deductive approach based on the method of bibliographic review, the study deals with the insufficiency of the legislative protection prior to the enactment of Law No. 13,709/2018, and the factual conjunctures that made it necessary to have a specific standardization of the matter. In addition, under the focus of the constitutionalization of civil law, the main protection mechanisms created by the General Data Protection Law are outlined, as well as the means of monitoring and punishing any incidents involving the processing of personal data. Based on the analysis undertaken, it is demonstrated that the LGPD is based on the expansionist conception of personal data, and that it is an instrument capable of safeguarding intimacy in the virtual environment and curbing the stigmatization of the user of the networks. Finally, it is the central role of the National Data Protection Agency of the Judiciary in the application of sanctions to processing agents, with a view to the realization of this important fundamental right, which is directly linked to the safeguarding of Human Dignity.