THE EFFECTIVENESS OF THE LGPD IN ENSURING THE FUNDAMENTAL RIGHT TO DATA PROTECTION: AN ANALYSIS OF THE REGULATORY ROLE OF THE ANPD

Abstract

This article aims to assess whether the Brazilian General Data Protection Law (LGPD) has been effective, through the National Data Protection Authority (ANPD), in safeguarding this fundamental right. To this end, it analyzes the core legal provisions of the LGPD and their constitutional alignment; identifies the institutional role and constraints of the ANPD; and examines the impact of enforcement on the data protection culture and on data subjects’ awareness. The methodology consists of a qualitative, exploratory-descriptive approach, based on bibliographic review and documentary analysis of the Federal Constitution, the LGPD, the Brazilian Civil Rights Framework for the Internet, as well as normative acts and reports issued by the ANPD, applying the deductive method and content analysis of the sources. It is concluded that, although the LGPD represents an important regulatory milestone, the ANPD’s performance faces structural, budgetary, and decisional autonomy challenges that limit its capacity to fully ensure the fundamental right to data protection in Brazil.