Direito ao consentimento do consumidor na LGPD: uma análise a partir da harmonia nas relações de consumo e da função social da empresa

Abstract

This article aims to address the impact of consumer consent on the processing of personal data, based on the General Data Protection Law - Law No. 13.709/2018, analyzed through consumer relations and the principle of the company's social function. The issue to be analyzed refers to the relevance of the principle of balance in consumer relations, given the duty to realize the fundamental rights and guarantees of the consumer, simultaneously with economic, social and technological development in the country, in order to comply with the premise of the function the company's social. Thus, initially, consent is presented as a fundamental right of the consumer, as the first authorizing hypothesis for the processing of personal data. Afterwards, the need to apply the principle of the consumer's right to information is demonstrated, about equity and harmony in consumer relations in the interface of the processing of personal data provided by that law, in view of the significance of economic and social development and technological by the enactment of that law and the Consumer Code. Finally, the objective is to demonstrate the relevance of the principle of the company's social function for the occurrence of a balance between business activity and consumer rights, aiming to reconcile the highlighted principle with collective well-being and social legal protection, from of profitable production in business societies or entrepreneurs.