Conflitos de leis de proteção de dados pessoais: Brasil e União Europeia em perspectiva

Abstract

This dissertation is included in the scientific debate concerning the regulatory mechanisms of transnational data flows. It discusses the criteria for normative application of LGPD in comparison to GDPR. As a comparative law study, it analyses both the laws aiming at identifying such criteria, pointing out the converging and diverging aspects between the laws. As a private international law study, it revisits the conflict of laws theory, searching for a strand in which such field of law works as a tool for administering the plurality of norms. To this end, the dissertation aims, at the First Part, in comprehending, in an ontological and phenomenological perspective, what is personal data, and what is the infosphere. Ubiquity and hyper connection will be at the center of the debate. The Second Part dedicates itself to revisiting the criteria for normative application of LGPD and of GDPR in order to, through a plural and cosmopolitan view, assert specific critiques to Article three of LGPD, indicating how ANPD could bridge gaps and correct inconsistencies by means of its regulatory power. In the end, the dissertation concludes that the normative application of LGPD should be grounded in the subject’s right for data protection, considering it as a fundamental right with constitutional recognition in Brazil. In this context, the law of the domicile, of the place of the violation as well as of the place of the damages stand out as adequate connecting factors.