A proteção de dados da pessoa jurídica e a lei 13.709/2018: reflexões à luz dos direitos da personalidade

Abstract

This article has as a problem the following question: Does Law 13,709, dated August 14, 2018, responsible for the protection of personal data, extend to the legal entity? In order to satisfy this problem, a hermeneutical analysis of the concept of personal data brought by the legislation in question is proposed, in order to highlight the legislative option of only protecting the natural person. Subsequently, this legislative misunderstanding is discussed, subsidizing this premise in the constitutive directives of the personality rights of the legal person. At the end, it is concluded that the promulgation of Law 13,709 / 2018 establishes a regulatory framework of the Internet, but with some tautologies and flaws in the legal text, among them the nonprotection of personal data of legal entities. The development of this reasoning is anchored in the hermeneutic-concretizing, deductive and integrated revision methods, and in the case study and bibliographic research techniques.