BETWEEN THE LAW AND THE INVASION: LGPD AND REAL PROTECTION FOR CITIZEN

Abstract

The increasing digitalization of social and economic relations has brought to light the urgent need to regulate the use of personal data, especially in the face of abusive surveillance practices and mass collection of information. In this scenario, the enactment of the General Law for the Protection of Personal Data (Law No. 13,709/2018 – LGPD) and its subsequent enshrinement as a fundamental right by Constitutional Amendment No. 115/2022 represent significant advances in the Brazilian legal system. However, despite its transformative potential, the effectiveness of the LGPD is still challenged by structural, technical, and cultural gaps. This research sought to analyze the extent to which the LGPD actually protects citizens against threats to privacy in the digital age. To this end, bibliographic and documentary research methods were used, with a focus on specialized authors, related legislation, and recent data. The results indicate that, although the LGPD offers a robust regulatory framework, its practical implementation is still limited by factors such as the weakness of the National Data Protection Authority (ANPD), the lack of a culture of information protection in Brazil, and the inefficiency of the sanctions applied. In addition, consent, the main mechanism for legitimizing data processing, is often obtained in a flawed or unclear manner. It is concluded that, for the LGPD to fulfill its purpose of guaranteeing informational self-determination and protecting the fundamental rights of individuals, institutional strengthening, legal review of ambiguous provisions, and investment in digital education are essential.