Lei geral de proteção de dados: a validade do consentimento e a real anuência do titular de dados frente ao ordenamento jurídico brasileiro

Abstract

The demand for data protection and the concern with privacy are recurrent themes in the current information age. In this context, we have observed the expansion of personal data protection mechanisms on a global scale, highlighting the creation of the General Law of Data Protection (LGPD) as a specific law aimed at protecting data and the fundamental rights of its holder. Strengthening the informative self-determination, the law in question has established consent as one of the main institutes guaranteeing this protection. This paper aims to analyze whether the current consent model is being used in a valid and effective way, looking at issues involving the normative basis of the LGPD, fundamental rights and the legislative inspirations that preceded it. It also presents its structures and the institute of consent, present in the Brazilian legal system through the LGPD and other infra-constitutional rules. The methodology adopted was bibliographic analysis, as well as other sources pertaining to the theme, such as documents, news extracted from journalistic vehicles and data that allowed us to bring comparative law views, in a qualitative way. Thus, it was proposed the reflection of models that seek to materialize consent, assuring the holder knowledge and training for the full exercise of his formally protected rights, through more effective models of ethics and data governance.