The fundamental right to data protection and the challenges of Brazilian cultural formation : between the roots of Brazil and the borders of Europe

Abstract

This article aims to: study whether the positivization of the fundamental right to data protection - article 5, LXXIX, CF, constitutes a sufficient element to implement the respective culture in Brazil, considering the inspiration for Brazilian legislation, which comes from the continent European market, with more than five decades of development on the subject. Assuming the hypothesis of insufficiency; what would be the challenges for the formation of a culture of data protection? For this purpose, Peter Häberle, in his work: Theory of the Constitution as a science of culture (2000), will be used as a theoretical reference, also making use of constant contributions in other books by the author. Complementing with indoctrinators in the subject of protection of personal data. Afterwards, the European GDPR and its normative and jurisprudential construction are discussed. Next, the Roots of Brazil - Frontiers of Europe - related to the fundamental right to the protection of personal data are discussed. In the final considerations, some of the challenges for implementing the data protection culture are outlined: the population's low level of education, the change in the preventive paradigm, in compliance with the LGPD, interdisciplinarity and the multisectoral issue, from which assumptions are suggested for Implementation. The phenomenological hermeneutic method is adopted as an approach methodology and the monographic method as a procedure methodology, based on the bibliographical review and jurisprudential reference on the subject.