Lei Geral de Proteção de Dados Pessoais e capitalismo de vigilância: uma discussão entre consentimento e manipulação do consumidor.

Abstract

This paper consists of an empirical analysis of the structural changes present in consumer relations in digital media, resulting from constant technological innovations, whereby internet users daily make available data containing personal information which is catalogued and filtered by technology companies and subsequently commercialized with companies that offer products and services, so that consumers/users are directed targets of advertisements that stimulate unthinking consumption. The research also aims to demonstrate that the guiding question is closely related to the lack of consent of users in making their personal data available, and that this structure is related to the logic of Surveillance Capitalism. Based on this, the article proposes to perform a historical analysis of the legislation implemented in Brazil and to answer about the reach of Law 13.709/2019 in protecting the present problematic, bringing up the European legislation in a comparative law analysis. In this sense, the following question is pursued: Is the General Law of Data Protection able to fully protect consumers in relation to consent on virtual platforms, avoiding the manipulation of their will in a contract? The answer to this research problem is developed, methodologically, in a qualitative approach study and, as to the objectives, exploratory, having as procedure the bibliographical survey. In this sense, it is necessary to approach the characteristics of the consent of the holders of such data. After the exposure of these issues, the challenge of an efficient protection of consumers in consumer relations is evidenced.