PROTECTION OF PERSONAL DATA AS A FUNDAMENTAL RIGHT IN BRAZIL: ASPECTS AND REFLECTIONS OF CONSTITUTIONAL AMENDMENT 115/2022

• DOI: 10.22533/at.ed.21633123221110

• Palavras-chave: data protection; privacy; freedom of expression; Federal Constitution; Constitutional Amendment 115/2022; digital media.

• Keywords: data protection; privacy; freedom of expression; Federal Constitution; Constitutional Amendment 115/2022; digital media.

• Abstract:

  This article aims to present reflections on constitutional amendment No. 115, of February 10, 2022, which includes data protection among the fundamental rights and guarantees of the 1988 Federal Constitution. The protection of personal data is a fundamental right that aims to ensure that individuals have control over their personal information and that this information is treated responsibly, this right is essential for the protection of privacy, freedom of expression and human dignity. In Brazil, data protection was recognized as a fundamental right by Constitutional Amendment 115/2022, adding section LXXIX to article 5 of the Federal Constitution, which establishes that “the right to protection of personal data is guaranteed, under the terms of the law, including in digital media”, giving the Union the exclusive competence to legislate on the protection of personal data.