Direito e Tecnologia: o capitalismo de vigilância e as fronteiras da proteção de dados pessoais

Abstract

Due to the rise of big techs and the increasing development of information and communication technologies (ICTs), Shoshana Zuboff has theorized the surveillance capitalism. Through predatory data collection, ICTs violate the user’s privacy and right to informational self-determination. This work aims to comprehend the surveillance capitalism, as well as to explore the negative reflexes this new dynamic provokes into the users. After contextualizing the phenomenon and reentering remarkable events, this work faces Brazilian legal system, in order to comprehend whether surveillance capitalism is regulated, and to what extent it is possible to verify effectiveness in the user’s data protection. The phenomenological approach method was utilized, as well as the monographic procedure method. The research technique utilized was bibliographic research. The main result obtained is that the surveillance capitalism is not regulated by the Brazilian legal system. However, the express provision of personal data protection as a fundamental right in Brazil’s Federal Constitution represents a big step towards the regulation of the surveillance capitalism, although it may not be possible to verify effective protection.