Data protection of personal consumption in relations as a fundamental right: prospects of a regulatory framework for Brazil

Abstract

This article aims to analyze which regulatory instruments are offered for the protection of personal data in consumer relations in Brazil and the perspective of regulatory institution in the field. Through a deductive system, aims to highlight the dealings that has the matter in the Brazilian legislation and the establishment of a new regulatory dynamics will be efficient in the objectives it is designed. Therefore, it became clear initially that the matter had acquired constitutional status, as well as a fundamental right level. Still, it was found that with the high technological development coupled with the capitalist market that we experience, several regulations have emerged over the past years in order to protect the personal data propagated by individuals. If approached that in comparison with the legislation that treat the subject in other countries, Brazil provides protection in scattered legislation, but does not grant a prophylactic measure to the misuse of personal data. It was found that, although there is the law of perspective governing the matter in the country, the project was based on European law, the existence of which already has more than fifteen years and is about to reform to recover situations that the experience did not get good results. In the end, it was concluded that it will still be role of the judiciary in resolving conflicts concerning the matter, even if the new dynamic that is to be adopted in Brazil means a big step to track the movement of international law.