A fragilidade dos dados dos consumidores na atual realidade do mercado de consumo e a proteção enquanto direito fundamental

Abstract

The monograph focused on investigating the fragility of consumer data in the contemporary consumer market and the protection of this data as a fundamental right. The method used is deductive with a qualitative approach, focused on the analysis of doctrine, legislation, and critical interpretation. The research began by analyzing the theoretical foundations of data protection, from personality rights and the right to privacy, examining the elevation of data protection as a constitutional guarantee and the principle of consumer vulnerability. It then explored the basic rights of consumers, the path to the characterization of the current consumer market, marked by the digital sphere, delving into the concept of consumer hypervulnerability in this context. The General Data Protection Law (LGPD) was examined as the key instrument in data protection, addressing provisions on data processing, consent, and the responsibility of controllers in the person of the supplier. The work also examined the use of data in market practices and the risks of abuse, analyzing the challenges faced. It evaluated the effectiveness of data protection, supported by the mechanisms provided by the LGPD, and concluded that, although the current scenario is not ideal, the data protection law and the Consumer Defense Code offer mechanisms to strengthen the protection of consumer data, which is already recognized as a fundamental right. As for fragility, it was understood that this is an inherent characteristic of being a consumer, relying on the concept of data hypervulnerability in the digital market. The study concluded by envisioning the mitigation of vulnerability through the adoption of compliance policies with the LGPD and the awareness of consumers about their rights.