THE BRAZILIAN GENERAL DATA PROTECTION LAW (LGPD) AND CONSENT VULNERABILITIES: PROTECTING PERSONAL DATA IN VIRTUAL PLATFORMS

Abstract

The increasing digitalization of social and commercial interactions has led to the large-scale collection of personal data by digital platforms, thereby intensifying concerns regarding the validity of user consent. The Brazilian General Data Protection Law (LGPD) was enacted as a regulatory response to this context, establishing consent as one of the primary legal grounds for personal data processing. Nonetheless, the acquisition of consent is not always conducted in a manner that is free, informed, and unambiguous, often being compromised by defects such as misinformation, coercion, or lack of transparency in digital interfaces. This article examines the notion of defective consent under Civil Law and its implications within the framework of the LGPD. It further explores the strategies employed by platforms to obtain personal data and the legal repercussions arising from violations of data subjects' rights. The study adopts a qualitative methodology, grounded in bibliographic and documentary research, with the aim of fostering a critical understanding of the structural vulnerabilities in digital consent mechanisms and emphasizing the need to enhance governance and transparency in personal data processing.