Regime de transferência internacional de dados à luz da ordem jurídica brasileira
The revolutionary technological development experienced in the second half of the 20th century has substantially changed the way in which subjects, companies, international organizations and States relate, regardless of the territorial locus where they are located and the applicable jurisdiction. Th...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/45810 |
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| Resumo: | The revolutionary technological development experienced in the second half of the 20th
century has substantially changed the way in which subjects, companies, international
organizations and States relate, regardless of the territorial locus where they are located
and the applicable jurisdiction. This incorporation of the technological universe into the
collective daily life has driven the right to develop unprecedented mechanisms to meet
the demands of the recent Informational Order, responsible for elevating data,
information, to the central axis of the most diverse orders, such as the economic (data
driven economy), social (information society) and behavioral (virtualization of intimacy
and digitization of private life). In this sense, the work intends, initially, to understand
how the strengthening of the Informational Order influenced the International Legal
Order to structure the initial tutelage and the development of what would later be
understood as the right to data protection. The immaterial and deterritorialized nature of
the data, in turn, led to the internationalization of legal controversies, a phenomenon that
was investigated in association with the possible impacts of the redefinition of the concept
of sovereignty. Afterwards, it was examined how Brazil has behaved in the exercise of
the discipline of data protection, a genre in which the international data transfer system,
part of this research, is inserted. Then, the study on the current regime of international
data transfer in Brazil was deepened, with the scope of identifying if there is in fact a
mature regime of international data transfer solidified in the national legal order, and, if
so, which ones they would be the normative contours of this whole potential of norms. It
was concluded that the Brazilian legal system already has a legal regime for the
international transfer of data, however, which is not yet finalized and structured, but rather
in the process of construction, euphonic to the guidelines presented during the research.
The methodology adopted for the development of the investigation was supported by the
logical-deductive approach. As for the research techniques, bibliographical and
documentary species were used, based on the study of national and foreign doctrinal,
legislative and jurisprudential sources. |
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