DA POLÍTICA DE GERENCIAMENTO DE DADOS PESSOAIS NO ÂMBITO DA RELAÇÃO DE CONSUMO E DA LEI GERAL DE PROTEÇÃO DE DADOS

Abstract

This study analyzes the legal relationship between the Consumer Protection Code and the General Law of Data Protection, as well as the comparative issue between the civil liability present in these legislations. The consumer relationship and its governing principles will be discussed as a way to highlight the vulnerability of the consumer and the data subject, which is why Law 13.709/18 was based on consumer precepts in its structuring, arising then the problematic about the resolution of a concrete case when a legislation prevails over the other, especially regarding the application of an isolated Law. In this scenario, the concept of the dialogue of sources became applicable, in which the norms communicate when entering into an agreement about the regularization of data treatment and the basic rights of the consumer. It is worth mentioning that in this article a general analysis of Law 13.709/18 and Law 8.078/90 was carried out, as well as the doctrinal study to specify the present theme, comprising then the quantitative approach. As for the objective, the research is explanatory, based on the legal system and linking the users' hyposufficiency before consumption and the use of stored personal data. Finally, the bibliographical research is proven, since it is based on doctrines and articles already published.