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O acesso à justiça e as modalidades de resolução de conflitos inseridos pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2019-06-18) Cruciol, Geovana Manoela Braga; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Rodrigues, Vanessa Rocha Ferreira
This monograph deals with access to justice through the modalities of conflict resolution introduced by the labor reform. The main objective is to show how the labor reform protects these modalities and to demonstrate the capacity that these alternative means of conflict resolution have to encourage the judiciary to be the precursor of one of a faster and more efficient judicial service. The objective was also to verify the effectiveness of the institutes implemented with the labor reform in order to address the following question: The alternative means of conflict resolution implemented by Law 13467/17 are tools capable of granting access to justice with the objective legislator? In order to remedy this issue, this work was directed to explaining, based on the study of daily life and forensic practice, how these institutes are functioning in the judiciary, analyzing their impacts in relation to the inafasability of the jurisdiction. Finally, it was possible to conclude that, due to the lack of democratic deliberation of the legislative process of law 13467/17, the initial ideas proposed by the labor reform were not articulated in the way that they should be, generating new impasses in the labor justice due to the built barriers access to the judiciary.
Do distrito ao município: análise dos processos de emancipação distrital no Brasil após E.C. Nº 15/1996 com enfoque nos distritos emancipados do Estado do Pará
(Centro Universitário do Estado do Pará, 2019-06-24) Peper, Fernanda Fabiana Pereira; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965
This work consists of na analysis of the creation of municipalities, since the emancipation of the districts in the Estado do Pará, after the promulgation of Constitutional Amendment no. 15/96, which changed the wording of article 18, paragraph 4 of the Federal Constitution, which on the aforementioned municipal changes, and the ir a requirement for a Federal Complementary Law the regulates the period in which such changes may occur and othe basic criteria. However, ater mora than 20 years this law was never enacted, preventing the creation of new brazilian municipalities ever since. The objective is to demonstrate the need to issue the aforementioned Federal Complementary Law. The data collection carried out in the suspended processes of emancipating districts of the Estado do Pará, at ALEPA, was used as a subsidy for the presente study, with the Administrative Division Committee. The result has been that normative abscence brings legal disorder, since if gloods the Federal Supreme Court of Direct Unconstitutionality Actions, since districts created after 1996 are unconstitutional, and a socioeconomic disorder since districts with development potential can not evolve at the level of internal public law, beyond the systemic-constitutional gap.
A realização de negócios jurídicos processuais pela fazenda pública como instrumento de efetivação do interesse público
(Centro Universitário do Estado do Pará, 2019-06-24) Passos, Amanda Ferreira dos; Silva, Michel Ferro e; Bonna, Alexandre Pereira
This work examines the possibility of making “negócios juridicos processuais” by the Public Administration. Starting from the primacy of public interest principle, it goes to the matter of the “negócios jurídicos materiais” in order to create a parameter to the analysis of the “negócios jurídicos processuais” as the Civil Procedures Code treats it in the 1973 as in the 2015 editions. At last, a specific examination is made due to prove that the Public Administration could use the “negócios jurídicos processuais” while litigating even though there are some kinds of it that does not apply to the Public Administration. The identification of the species of “negócios jurídicos processuais” that does not apply to the Public Administration is possible after an interpretation of the Brazil´s law system as a whole. The conclusion answers the research main question asserting that the making of “negócios jurídicos processuais” by the Public Administration could even be a powerful instrument to assure the public interest .
Direito real de laje: análise sobre as suas implicações na proteção ao direito à moradia adequada
(Centro Universitário do Estado do Pará, 2019-06-17) Lobato, Beatriz Yumi Sakai Dacier; Lima, Luciana Albuquerque; Faro, Liandro Moreira da Cunha
This monograph deals with the emergence of the real right of slab, addressing its main characteristics and effects. The main objective is to analyze to what degree this new real right is a useful tool to impact the Brazilian housing deficit scenario, in order to realize the right to adequate housing. The objective is also to defend the autonomy of this real right, in order not to confuse it with the real right of surface. It intends to carry out a critical analysis on the treatment undertaken by the Brazilian public power in the formation of policies to realize the right to adequate housing.
O direito ao esquecimento enquanto direito fundamental e sua aplicação no ambiente virtual
(Centro Universitário do Estado do Pará, 2019-06-18) Carvalho, Caio Matheus de Santana; Freitas, Juliana Rodrigues; Bastos, Elísio Augusto Velloso
The present study have as goal analyze the form which the Right to be Forget has developed inside the doctrine, as well as show how your application was formulated in the digital environment, and how the idea of informal self-determination could help to minimize the inherent risks of the internet, and provide a major data control by individuals. Therefore, will be analyzed the jurisprudence, in particular, the google spain case; and the normative devices related. The relevance of this academic research is to foment the academic debate about the Right to Be Forget in digital environment, owing to it’s aplication has already been recognized by the superior courts, however, in face of legislative omission, there are no discretion for it’s application.
Perspectivas sobre a negociação jurídica processual pela fazenda pública nacional: alternativas pela autocomposição processual na recuperação de créditos inscritos em dívida ativa
(Centro Universitário do Estado do Pará, 2019-06-17) Schenato Junior, Carlos Alberto; Mendes Filho, Sérgio Fiuza de Mello; Silveira, Alexandre Coutinho da
The present work proposes to analyze the procedural legal contract carried out by the Public Treasury, especially in the tax field, investigating: the administrative act that carries out the procedural agreement, in dialogue with administrative, tax and procedural rules; the phenomenon of responsive taxation and modernity in the relations between the state and the taxpayer; and administrative deslegalization as a new paradigm in Administrative Law, pointing to the concept of juridicity, with a focus on consensuality and the limits of judicial control. In addition to providing a brief conceptualization of the procedural contract and its applicability to the Public Treasury, it is also intended to present four topics, be they in those in which the legal process is shown as a possible procedural solution to a contemporary problem, whether in others where identify problems in the application of the procedural convention, and finally propose, briefly, far from exhausting the theme, some ideas for a probable improvement in the procedural field of these specific topics, namely: the functional autonomy of the public lawyer and the tax isonomy; the participation of the court in the construction of the clauses of the procedural agreement; the effects of the procedural contract in the light of the principle of objective good faith; and the applicability of the procedural agreement in the context of judicial recovery. For this, the hypothetical-deductive method was adopted through a bibliographical research. In conclusion, brief comments were made on: the use of compliance legislation as a means of distinguishing taxpayers and it’s constitutionality, judicial participation as a form of guarantee of speed and efficiency in the application of the procedural conventions carried out by the Public Power; reaffirmed the principle of objective procedural good faith as an obstacle to possible behavior contrary to the procedural contract agreed upon; and indicated procedural consensuality as a means of solving the problem of (non) suspension of tax lawsuit and estate constrictions due to a legal recovery plan.
O naufrágio do navio Haidar sob a ótica dos princípios do poluidor pagador e da reparação
(Centro Universitário do Estado do Pará, 2019-06-18) Silva, Danilo Vetinho Gordo e; Fonseca, Luciana Costa da; Rabelo, Paulo César Beltrão
One of the major socio-environmental challenges is related to the absence of legal criteria for the identification and compensation of victims of mass environmental damage. Because of this difficulty, the agreement between the polluter and victims has been used to make some compensation possible. Worth mentioning is the judicial agreement signed on 07/02/2018, in the case of the shipwreck of the Haidar Ship in the Port of Vila do Conde in the city of Barcarena in Pará, considered a judicial agreement that enabled the indemnification of the largest number of victims of environmental damage in Brazil , reaching more than 5.000 (five thousand) families. This research examines the extent to which the agreement reached is compatible with the polluter pays and repair principles. The specific objectives have focused on analyzing the legal content of the polluter pays principle and the remedy; to analyze the Haidar shipwreck case and the challenges related to the legal agreement reached to compensate for damages and compensation of the victims, as well as to analyze the extent to which the legal agreement complies with the principles of the polluter pays and of reparation. The methodology followed the guidelines of a qualitative research with documental analysis and legal doctrine. In this analysis, it was concluded that these principles could have been applied with more practical efficiency in the solutions that were obtained in the decision, taking into account particularities of the way of life of the riverside, to gauge in an adequate way the intangible necessities that these individuals also have, of course, the needs of the environment that has been degraded.
As peculiaridades do contrato de trabalho do atleta profissional de futebol
(Centro Universitário do Estado do Pará, 2019-06-14) Gonçalves, Elayne Cristina Moraes; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The professional soccer player belongs to a differentiated category of worker, with his own rules and characteristics, which reached an important level in Brazil, to the point of deserving special legislation that deals with it. Historically, there has been a complex process in the admission of professional soccer players to the role of special workers, due to the delay in the transition from amateurism to professionalism in this category. Several regulations were issued by the State, but Law 9.615 / 98 (Lei Pelé) deserves special attention, since it is the most relevant rule. Since soccer has ceased to be mere leisure, and has achieved the status of one of the most lucrative investments in the market, involving millionaire transactions, it has become necessary to create a contract of work with different peculiarities, which differs from that of the ordinary employee , regulated by specific law, but subject to that which regulates the Consolidation of Labor Laws. Thus, the objective of this monograph is to address the main points that differentiate this category of workers from the others.
Aplicação de precedentes judiciais vinculantes no processo administrativo
(Centro Universitário do Estado do Pará, 2019-06-07) Ferreira, Elter Paulo; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727; Silva, Adelvan Oliverio; http://lattes.cnpq.br/8410285154382694
The advent of Code of Civil Procedure of 2015 (CPC) brought a new system of judicial precedents inserted in article 927 do CPC which establish that every judge must respect precedents. The judicial precedents effect is changing slowly from persuasion to biding. There are arguments contrary and favorable to precedent application, for instance, independence of the judge on the contrary side and legal certainty on the favorable side. However, regarding Public Administration, which is part of the Democratic State, the same way that the Judiciary is, there is no forecast at on the CPC to application of binding judicial precedents. That way, the object of this study will be the effect of the judicial precedent, especially the binding established in art. 927 of the CPC, regarding to the administrative process, by which the Public Administration expresses its will. This study starts with the delimitation of precedes, its possible effect, as well as clarifies the difference between common law and stare decisis, passing through the analysis of the reasons for application and non-application of precedents and, in the end, the study analyze the possibility of the application of the theory of judicial precedents for the administrative process, and reaches a conclusion on that matter.
Os limites do aborto no ordenamento jurídico brasileiro
(Centro Universitário do Estado do Pará, 2019-06-26) Medeiros, Elizabeth Parente e Silva de; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Souza, Luciana Correa
The present monography that concludes the Bachelor's degree in law aims to give an overview on the matter of abortion in Brazil, it's modalities and evolution, offering some insight on its implications on the legal order. The goal is to demonstrate the necessary path towards the decriminalization of abortion as the only possible path possible, because it is necessary to the full realization of women's fundamental rights. In this sense, the discussion raised in this research is subsidized by a methodology of a basic nature, based on theoretical and bibliographic explorations that make possible the understanding of the theme and justify it's social, academic and professional relevance. The paper is structured in three chapter’s, in the first chapter we examine the main concepts of abortion and its legal treatment; in the second, We analyze the theses raised by Ronald Dworkin in his work the domain of life, as well as pass through liberal and conservative conceptions regarding the abortion theme; in the third chapter, an analysis is made of the jurisprudence of the country and of the Ação de Descumprimento Fundamental (ADPF) n° 442, which may culminate in the decriminalization of voluntary abortion until the 12th week, ending with a brief estimate of the judgment that has not yet occurred.
Responsabilidade civil das entidades organizadoras e dos clubes mandantes nos eventos esportivos
(Centro Universitário do Estado do Pará, 2019-06-24) Ferreira, Gabriel Fagundes; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
The objective of this paper is to clarify the question as to what type of civil liability should be adopted for those responsible for the sporting event in cases that occur within the local organized by such . For this, we begin the search of the general way to the specific one. Different doctrinal currents and jurisprudence were used to answer the exposed problem. We discuss the main elements of civil liability, such as their species, damages, guilt and causal link to arrive at the specific aspect. When analyzing the specific norms on the present theme, the main one is the defense Statute of fan, which through its forty-five articles expresses relatively of the security in the stages, tracing criteria to control the violence. From this legal diploma, we observe two currents. Initially, the stream of the objective modality of civil responsibility, believes in the contractual relationship between the responsible entities and the spectator, based on Article 3 of the aforementioned Statute. The second chain is based on the notion of proving guilt, based on the content of article 19 of the Statute. It is concluded that the modality of responsibility that must be applied is objective, since the security policy is integrated as a right that must be present in all eventualities, committed to the fan and not to consumption.
O impeachment de 2016 e a expropriação constitucional do voto no Brasil: consequências à democracia brasileira
(Centro Universitário do Estado do Pará, 2019-06-14) Lima, Giovanna Faciola Brandão de Souza; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
The present study deals with the scenario of political instability in which the country finds itself. In order to do so, the aim is to find a response to this problem, namely, to what extent the process of Dilma Rousseff's impediment, together with the constitutional expropriation of the vote, contributed to the fragility of Brazilian democracy, in view of bibliographical research, especially with regard to the thesis raised by political scientists, who consider that, currently, we live in the time of the protagonism of the Judiciary Power. In addition to the concept of the regime established by the 1988 Constitution and the rite of impeachment, it was sought to demonstrate the context in which it occurred in the year 2016, as well as some of the different interpretations of this event.
A regulamentação do ICMS ecológico no estado do Pará: uma análise comparativa do decreto nº 775/2013 e decreto nº 1.696/2017
(Centro Universitário do Estado do Pará, 2019-06-24) Sefer, Gustavo Bemerguy; Mendes Neto, João Paulo; http://lattes.cnpq.br/6388281659257480; Pamplona, Karla Marques; http://lattes.cnpq.br/5228348047968891
This work aims to verify the main changes that occurred with the publication of Decree No. 1,696 of February 17, 2017, which started to give new regulation to Law. 7,638 of July 12, 2012, which deals with the Ecological ICMS in the State of Pará Being an extra-fiscal tribute, its purpose is to assist in the preservation and conservation of the environment for the attainment of that end. Therefore, it seeks support in the Federal Constitution, in the State Constitutions and in tax and environmental legislation. The transfer of the Ecological ICMS to the municipalities is a way of rewarding them financially for conserving in their territories Conservation Units and Protected Areas and also serves to stimulate the participation of the other municipalities in the search for the reduction of the deforestation, environmental degradation and to create new Units of Conservation. With this, the work seeks to demonstrate that a law or decree can be altered or revoked to suit the current needs of society. It is worth mentioning that, with the implementation of this tax and the use of new methodologies for the calculation of the transfer to the municipalities, it is possible to envisage more justice in the distribution of the share of the Ecological ICMS in the State of Pará.
O direito ao esquecimento na era da sociedade da informação
(Centro Universitário do Estado do Pará, 2019-06-21) Chada Neto, Hélio Augusto de Oliveira; Vicente, Clarissa Ribeiro; http://lattes.cnpq.br/9946103990727837; Rodrigues, Filipe Augusto Oliveira; http://lattes.cnpq.br/4725032631559275
The present study aims to analyze the possibility of applying the right to forgetfulness in the digital society. It is necessary to discuss the issue, since the advent of technology led to a true media revolution and access to information, which were facilitated with the emergence of the internet. In this way, the internet is understood in an environment that never forgets, since the information is easily divulged and perpetuated on the web, giving information of facts that happened in the past, being able to be accessed from anywhere, at any time. In this work, a detailed analysis is sought of the various legal institutes that cover this emerging right, including freedom of expression and of the press, the right to information, privacy and intimacy and, above all, the principle of human dignity. In addition, through a method of bibliographical research, with a deductive-inductive model, we have answered some questions pertinent to the thematic one listed.
O protagonismo do Supremo Tribunal Federal na atual crise das instituições políticas
(Centro Universitário do Estado do Pará, 2019-06-14) Serra, Isabella Melinda de Sousa; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Mello Neto, Ridivan Clairefont de Souza
The purpose of this subject was to analyze the conditions that favors the protagonism of the Brazilian Supreme Court in the most recent political issues and the impacts caused internally and externally to the Court, especially in the relation with the other powers. It was a monograph originated of a bibliographic research within books, scientific articles, news reports, legislation and jurisprudence. In this research, it was analyzed, initially, the theorical aspects that gave ground to the ascension of the Judicial Power in the context of the post-war democracies, due to the consecration of the Constitutions based in the human rights. Afterwards, it was analyzed recent political episodes in the Brazilian scenario where the intervention of the Supreme Court was determinant to the political arena e to the society, such as the impeachment of ex-president Dilma Rousseff, the removal of the president of the Chamber of Deputies, Eduardo Cunha, the annulment of the nomination of the ex-president Lula to the Staff of the Presidency of the Republic, the limitation of the parliamentary immunity and the acknowledgment of the freedom to express political ideas inside the universities. Lastly, it was explained the real circumstances – the crisis in the legislative representation, the Court’s institutional architecture and the questionable guideline’s choices – that contributes to the protagonism of the Court in the most important political issues and the impacts cause internally and externally in the democratic institutions.
A alienação parental e os desafios judiciais
(Centro Universitário do Estado do Pará, 2019-06-19) Koyama, Ivaneide Costa Conceição; Mendonça, Mariana Barreira; Azevedo, Camyla Galeão de
Parental Alienation (PA) is the interference in the psychological formation of the child or adolescent promoted or induced by one of the parents, by the grandparents or by the child or adolescent under his or her authority, custody or supervision to repudiate the parent or cause the establishment or maintenance of links with it, which is described in Law No. 12,318 / 2010. Controversially there are cases in which they suggest that the application of this law is being done wrongly, when the possible alienator is, in fact, the victim. Therefore, the present study aimed to discuss the definitions about PA and the Parental Alienation Syndrome (SAP), differentiating them; describe the judicial historical evolution that led to the enactment of the specific legislation for the PA, exemplifying its application; as well as discussing challenging and limiting cases of legislation.
Direito de posse de bem público dominical na zona rural e o princípio da função social da propriedade: uma ponderação de conflitos constitucionais acerca dos direitos fundamentais em face da posse de bem público dominical na zona rural e do princípio da função social da propriedade
(Centro Universitário do Estado do Pará, 2019-06-17) Rocha, João Marcelo de Oliveira; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201
This study had as goal to analyze the right of ownership of private entities over Dominical Public Properties, focusing on rural properties. It’s a monography, created from a bibliographical research, as well as from the description of doctrinal positions about the proposed subject, and also, supporting on the Brazilian jurisprudence about the subject we proposed to expose. To fulfill such objective, some information sources were utilized, highlighting the books, scientific articles and judicial decisions, looking to comprehend, through multiple branches, the analyzed problem. On this research, the ownership of dominical properties and all the related concepts were analyzed, as well as the necessary conditions to get the permit to it. For such, firstly, we analyzed the concepts of Dominical Public Properties, focusing on the Vacant Lands, that, when considered unoccupied areas, are frequently target of rural possessory conflicts, presenting all the legal history of those properties and the conditions to obtain the ownership of private entities. On the same chapter, the research aimed to bring the concepts and theories related to ownership and public properties ownership. On a second moment, the research seeks to analyze the indispensable principles to the theme, such as the Principle of the Social Function of the Property and the Principle of the Supremacy of the Public Interest. Finally, on the final chapter, we demonstrated the practical implications of the analyzed theories throughout the research, exposing and analyzing jurisprudential decisions and the doctrinal positions on the problem.
O papel do Conselho de Segurança na guerra civil do Iêmen: uma análise a partir das resoluções da ONU, entre os anos de 2015 a 2018
(Centro Universitário do Estado do Pará, 2019-06-17) Bezerra, Juliana Maia; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The UN Security Council has been seeking to mediate the Yemen conflict through its resolutions. This paper will analyze the resolutions corresponding to the period between 2015 and 2018, namely resolutions 2204 and 2216 of 2015, resolution 2266 of 2016, resolution 2342 of 2017 and resolution 2402 of 2018. By analyzing these resolutions, the concern of the Security Council with the Yemeni crisis has been verified, considering the political, security, economic and humanitarian challenges, in addition to the quest for conflict resolution through dialogue and consultation, rejecting any type or means of violence. In addition, there was also concern about the effective implementation of the sanctions regime, imposed by resolution 2140 of 2014 and 2216 of 2015, involving the Member States, in order to play a fundamental role, by encouraging efforts to increase cooperation. The conflict in Yemen presents itself as one of the greatest and most serious conflicts of today, reaching high levels of concern and threatening some basic principles of international law. In this work a hypothetical-deductive analysis was performed based on the resolutions, and it is concluded that the United Nations Security Council, despite playing an important role in driving the mechanisms of peaceful solutions and contribute, in a way, to the peaceful resolution of conflicts, requires serious and substantial structural reforms, in particular as regards their restricted representativeness, since its current structure causes direct reflexes in the decision-making process, with consequences on late resolutions, non-resolutions and resolutions of the conflicts around the world.
Um olhar sob a criança: escuta especializada e depoimento especial como alternativa à violência institucional
(Centro Universitário do Estado do Pará, 2019-06-24) Ferreira, Laís Maria Martins; Vicente, Clarissa Vicente; http://lattes.cnpq.br/9946103990727837; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
This monograph aimed to analyze the specialized listening procedure and special testimony of children and adolescents implanted by Law 13,431 / 2017 and what its benefits to avoid institutional violence and revictimization of minors. The methodology employed in the work was the hypothetical-deductive method, with the use of bibliographic material on the subject, such as books, journals, scientific articles, legislation and jurisprudence. The work is divided into three chapters: the first chapter gives a brief history of the social evolution of the treatment of children and adolescents, then analyze how Brazilian legislation has progressed over the years in the formation of a system of guardianship of the child based on the principle the dignity of the human person and integral protection, also highlights the types of violence that the legislator aims to curb. The second chapter, emphasizing institutional violence as a form of oppression of the infant and the young, addresses how institutional violence can be characterized by repeated hearings where it is necessary to listen to the minor, be it a victim or a witness of violence, and the damages resulting from this revictimization, ends up pointing to the implantation of the project of the testimony without harm, as a way to curb the infanticidejuvenile revictimization. In the third chapter, finally, it analyzes the implantation of specialized listening and the special testimony and the importance of the participation of the multidisciplinary technical team, composed by psychologist and social worker for the realization of the oitiva of the minor.
A responsabilidade civil no tratamento de dados pessoais de consumidores nos contratos de e-commerce à luz da Lei Geral de Proteção de Dados (Lei n. 13.709/2018)
(Centro Universitário do Estado do Pará, 2019-06-13) Oliveira, Ana Beatriz Henriques de; Soares, Dennis Verbicaro; Oliveira, Felipe Guimarães de
The main purpose of this study was to elucidate the way in which civil liability derives from the processing of personal data in e-commerce’s consumer contracts, based on the General Law on Data Protection (GLDP), leading to questions essential to the understanding of legal protection of personal data, its treatment and the numerous infringements of rights to the holders. This is a monograph, derived from the analysis of the provisions of Law no 13,709/ 2018 and a bibliographical research, developed through the reading of books, scientific articles and news published in mass media, used to reiterate the relevance of this topic to the present. In this research, the consumer's situation in electronic commerce was investigated, starting from the contextual analysis of information technologies and their social, political and economic impacts. The main forms of data processing, as well as the fundamental rights violated by these practices, were also illustrated. Then, the issue of the Right to Privacy and the situational vulnerability of the consumer opposite information technologies was portrayed. Therefore, it was sought to elucidate the indispensability of the legal protection of data, brushing how it was developed, making it possible to point out the main sources of influence for the construction of specific national legislation on this area. Subsequently, the most basic aspects of the General Data Protection Law were verified, highlighting its innovative character. Finally, the importance of the civil liability institute for e-commerce was shown, by means of the analysis of the GLPD provisions related to this subject, so that a necessary combination of factors has been demonstrated, such as: the National Authority for the Protection of Data (ANPD); the obedience to the diverse legislative and principles sources and the cultural adequacy of the companies and agents of treatment in order to give effectiveness to the recently inaugurated general regime of Brazilian data protection.

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