THE PROTECTION OF PERSONAL DATA AND THE LGPD IN BRAZIL: CHALLENGES AND PERSPECTIVES

Abstract

The increasing digitalization of society has driven the global collection and use of personal data, creating the need for specific regulations to ensure individuals' privacy and informational self-determination. In this context, Brazil enacted the General Data Protection Law (LGPD) in 2018, inspired by the European Union's General Data Protection Regulation (GDPR), to establish guidelines for the processing of personal data by public and private entities. Despite being an important regulatory milestone, the implementation of the LGPD in Brazil faces significant challenges, particularly regarding the still-developing data protection culture in the country, the complexity of the legislation, and the capacity for enforcement and monitoring of data processing activities. This article analyzes the main challenges and perspectives of personal data protection in Brazil under the LGPD, considering the socio-legal context and its practical implications. The study addresses the regulation of the LGPD, its relationship with the Brazilian Civil Rights Framework for the Internet, the application of the law at national and international levels, cultural and behavioral challenges, the societal impacts of the LGPD, and the specific challenges faced by Small and Medium-Sized Enterprises (SMEs). The final considerations highlight the need for a joint effort by companies, government, and society to ensure the full effectiveness of the General Data Protection Law in Brazil.