A lei geral de proteção de dados pessoais à luz do Art. 5º, inciso X, da constituição federal de 1988

Abstract

This article intends to demonstrate the technological evolution and the advent of the means of communication, for what today can be called Technological Era, and how the use of the database and the storage of personal information (Big data) became mechanisms that are intrinsic and inherent to this growth. In this sense, it is imperative to highlight the relationship of this evolution to the detriment of fundamental rights, especially privacy, since they are parties that are increasingly vulnerable in this matter, given the constant cases of national and world scandals regarding data controls and violations by legal entities, whether under public or private law, and regardless of size. Therefore, it will be essential to carry out an analysis of the General Data Protection Law (LGPD), in the light of article 5, item X, of the Federal Constitution of 1988. That said, it will be necessary to go over the technological era, the rise of the digital medium, as well as conduct a study of the LGPD, highlighting its implications, challenges and the repair of damages caused as a result of its non-compliance, in order to solve the problem of the impact of this law not only for the population, but also for the legal entities that handle the aforementioned information. For this, the present study will be guided by the Hypothetical-Deductive scientific method. At the end, will seek for the effectiveness of the LGPD.