Banca de DEFESA: JESSICA ANDRADE MODESTO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JESSICA ANDRADE MODESTO
DATE: 29/07/2021
TIME: 08:30
LOCAL: Ambiente Virtual
TITLE:

THE RIGHT TO PRIVACY IN THE INFORMATION SOCIETY IN
ACCORDANCE WITH THE GENERAL LAW PROTECTION
PERSONAL DATA: AN ANALYSIS OF THE (IN)
EFFECTIVENESS OF LAW Nº 13.709/2018 IN BRAZIL FROM
THE COMPARATIVE STUDY WITH THE GENERAL DATA
PROTECTION REGULATION OF THE EUROPEAN UNION

KEY WORDS:

xxx COORDENAÇÃO INFORMAR XXXX

PAGES: 278
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Privado
SPECIALTY: Direito Civil
SUMMARY:

The right to privacy, in its informational dimension, came to be
especially protected in Brazil from Law Nº. 13.709 / 2018 -
General Law for the Protection of Personal Data. The present
work aimed to investigate whether this law will cause changes in
the behavior of data processing agents, and also whether it will
be able to mitigate the risks to privacy in the information society,
in order to promote effective safeguards for data subjects. For
this, the deductive method was used - starting from the
historical, social and cultural development of essential concepts
for the study -, aided by the comparative method - from the
simultaneous analysis between LGPD and GDPR -, and a
theoretical, qualitative and descriptive/ prescriptive research was
carried out,– with the use of national and foreign doctrine,
identification of the nature of the concepts, exposition of the 

theme and presentation of proposals/solutions based on
European and national experience. It was concluded that the
LGPD is able to successfully institute a personal data protection
system aimed at preventing damage, but also ensuring repair in
case they materialize. In order to lead agents to compliance, the
LGPD empowers the National Data Protection Authority to
monitor compliance with its provisions and apply administrative
sanctions in the event of any violation. Examining the provisions
and impacts of the GDPR in Europe, important subsidies were
obtained for the analysis of the effectiveness of Law Nº.
13.709/2018, given the similarities between the legislations. The
European experience demonstrates that the social effectiveness
of the Regulation in the Member States of the European Union
depends, considerably, on a strong, quick and independent
action from the control institutions. In this sense, also in Brazil,
the effectiveness of the LGPD will largely be subject to the
action of the ANPD. In view of the territorial dimension of Brazil,
its large population and a still incipient culture of privacy that
prevails in the country, the National Authority may face many
difficulties to raise public awareness, respond to complaints from
holders, as well as guide, supervise and sanction the treatment
agents. Therefore, it will be necessary for ANPD to have
sufficient financial and human resources to perform its duties
quickly and effectively. As a possible way to alleviate such
obstacles, the National Authority may enter into collaboration
agreements with other institutions, such as SENACON, to carry
out its educational activities, meet the demands of holders and
create mechanisms to assess compliance with the rules by
controllers and operators.

BANKING MEMBERS:
Externo à Instituição - MARCOS JORGE CATALAN
Interno - 3289832 - JOSE BARROS CORREIA JUNIOR
Interna - 2280141 - JULIANA DE OLIVEIRA JOTA DANTAS
Presidente - 3497763 - MARCOS AUGUSTO DE ALBUQUERQUE EHRHARDT JUNIOR