LEI GERAL DE PROTEÇÃO DE DADOS À LUZ DA FRAGILIDADE E VALIDADE JURÍDICA DO CONSENTIMENTO DO TITULAR DO DIREITO

Abstract

This work analyzes the General Data Protection Law in relation to Private Autonomy. This approach is justified by the fact that the data subject does not have the cognitive ability to understand the data collection, as, on some occasions, he only agrees with the terms presented, and in the case of the adhesion contract, the subject does not have any autonomy to discuss the terms, being obligated to just consent. Thus, there is in fact the occurrence of their real will in this legal act, since the free and informed manifestation does not occur. Thus, the objective of this research is to demonstrate that data collection should not prevail over free and informed consent, without ignoring the importance of data in today's society. This purpose will be achieved through the bibliographic review consisting mainly of books and scientific articles, having as a subsidiary source the documentary research used through documents such as: newspaper reports, research reports, official documents, among others. In conclusion, the research showed that the individual's real will will not be expressed through the consent provided for in the General Data Protection Law, however, there are already technologies in development that will allow the individual to personally make the fundamental decisions about the use of your data.