THE FUNDAMENTAL RIGHT TO PRIVACY IN THE CONTEXT OF THE GENERAL DATA PROTECTION LAW

Abstract

The right to privacy is guaranteed by the Federal Constitution, being provided for in article 5, item X, which provides for the inviolability of intimacy, private life, honor and the image of the person. In this aspect, one cannot fail to ensure the right to privacy, however, another norm to be ensured is freedom. Freedom is provided for in the caput of article 5, however, it is not absolute, and there must be criteria so that it does not harm third parties. Thus, the hypothesis that arises is the following: what should the right to privacy be in the light of the General Data Protection Law? The results achieved were in the sense of the need to understand that fundamental rights are not absolute, but relative, and there may be confrontation in the conflict of interests The central objective of the problem is to make a parallel between the constitutional guarantee of freedom and privacy with the legislation infraconstitutional created by Law nº 13.709/18. The method used is the deductive and as methodological procedures the bibliography, with consultations to doctrines and articles published on the internet. And documentary research, doing a search for legislation and jurisprudence.