Name: PAULO ROGERIO SATO
Publication date: 02/07/2020
Advisor:
Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| HERMES ZANETI JUNIOR | Advisor * |
| RODRIGO REIS MAZZEI | Internal Examiner * |
Summary: The enactment of the Lei Geral de Proteção de Dados is a milestone in the protection of personality rights in the Brazilian legal system. This dissertation aims to analyze procedural law and its collective instruments for the purpose of providing adequate, timely and effective protection in the field of personal data protection. To this end, the relationship between law and technology was analyzed, specifically with regard to the right to privacy and its evolution to a right to the protection of personal data. Afterwards, in view of the intense flow and use of data incontemporary times, there was the birth of a new fundamental personality right, which must be protected by the ordering beyond the patrimonial and reparatory structure of damages. Moving forward, we investigated the new rights and duties, made positive by Law nº. 13.709/2018, in order to highlight the need to think about preventive measures against the illicit. In the last chapter, civil procedural law was investigated, with the premise of the distinction between wrongful act and damage, to verify the viability and operability of injunctive relief and removal of the wrongdoing. In the end, it is concluded that such preventive safeguards are the appropriate
instrument for the protection of the personality, given the new rights and
challenges that data protection provides.
