Banca de QUALIFICAÇÃO: IVANA MIRANDA MONTEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : IVANA MIRANDA MONTEIRO
DATE: 25/03/2024
TIME: 11:30
LOCAL: Ambiente Virtual
TITLE:

BANKING RELATIONSHIPS AND DATA PROTECTION IN THE LABOR CONTEXT: A CONTRACTUAL ANALYSIS OF CONSENT

KEY WORDS:

bank labor relationships; data protection; consent; fundamental rights.

PAGES: 94
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The economic development that permeates society is directly related to connections established in socio-labor relations, in the face of innovation models brought about by technology and the digital revolution. With the increase in information flow, as well as new forms of interconnections in the work context, a large amount of data is observed being transmitted without commitment to constitutional precepts and respect for fundamental rights already achieved. In this scenario, the regulation of data exploitation arises, in which one of the hypotheses for legitimizing treatment is through the consent of the data subject. However, as a manifestation of free will, we outline a detailed analysis of this basis, in the context of the great asymmetry of power, which is observed between bank employees and their respective financial institution. The topic was analyzed from a constitutional perspective, and compared with the data protection model followed by the European Union, given its influence on Brazilian legislation, with the aim of identifying and helping to build paths that avoid vectors of violation of rights fundamental and social issues, in the face of improper or discriminatory processing of data, especially in banking relationships. Labor law, even though it is absent from an express provision in the Brazilian model brought by the LGPD, stands out in this context, in the search for transparency and safety policies for workers, who, even guided by informational self-determination, remain without effective control of their data.To this end, a deductive approach method, bibliographical and documentary research techniques were used, enriched with the analysis of a real contractual amendment imposed by a financial institution at the height of the General Data Protection Law, and its effects on banking labor relations. , which are consolidated into a true practical justification for the present research, in a perspective that concluded to urge changes and legislative improvement of data that encompass the protective system inherent to work relationships.

COMMITTEE MEMBERS:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED