PROFILE OF PERSONAL DATA IN THE CONSTITUTION OF THE REPUBLIC OF 1988 AND ITS IMPACT ON ECONOMIC ACTIVITIES
Personal data. Constitution of the Republic. Property right. Economic activities.
The dissertation investigates the qualification of personal data in the Constitution of the Republic of 1988, considering the socioeconomic context and the normative evolution of the protection of personal data in the European Union, the United States and Brazil. Presents the concepts of Informational Society and Knowledge Economy. It analyzes the relationship between the legal order and the protection of personal data, with an emphasis on personal data protection legislation and on the institutes of privacy and informational self-determination. It discusses the profile of personal data in the Constitution of the Republic of 1988, from the horizon in which it is inserted, notably, as a right of personality. It problematizes the profile of personal data in the Constitution of the Republic from the reading of the economic order, considering the immaterialization of assets and the role of personal data in society and the economy. At the end, it analyzes the repercussions of the profile of personal data on the regulation and self-regulation of economic activities. Based on the national and foreign bibliographical review, the research adopts a qualitative approach, using the socioeconomic context as an element of analysis to deal with the profile of personal data in the economic order. At the end, it presents possible paths for the protection of personal data as a property right in the Brazilian legal-constitutional system and its possible consequences.