THE PROTECTION OF PERSONALITY RIGHTS IN THE INFORMATION SOCIETY: CONTRIBUTIONS TO THE DEBATE ON THE CONSTRUCTION OF A REGULATORY LAW

Abstract

This article thematizes the need to build an effective regulatory law for data protection in the Brazilian context. In this sense, the research problem that emerges consists of what is the new configuration that personality rights assume in the context of the information society and what are the main challenges that are imposed, in this scenario, to the construction of a regulatory law for data protection? To answer the proposed problem, the hypothesis arises in which it discusses to what extent the information society requires a careful look at the issue of the effectiveness of personality rights, to the extent that the classic reading of these rights – as embodied in arts. 11 to 21 of the Brazilian Civil Code – has not been considered sufficient to face the challenges that this model of society presents for this issue. In this sense, it is understood that the information society requires an expansion of personality rights in the face of the human and social complexity of this societal model, which challenges the right to build a regulatory framework that considers this complexity. The general objective of this research is to analyze the main challenges that are imposed in the context of the information society to the effective protection of the new configuration that personality rights assume in this context and to assess the limits and possibilities of building a regulatory law that contemplates this complexity. The hypothetical-deductive method developed through the bibliographic-documentary research technique and the monographic procedure technique was used.