A proteção de dados pessoais como direito humano fundamental: limites ao uso de informações e seus impactos na  efetivação dos direitos sociais na era digital

Abstract

This study analyzes the protection of personal data as a fundamental human right within the  context of the digital society, emphasizing its importance for safeguarding privacy, human  dignity, and social rights. It examines the evolution of this right in the Brazilian legal system,  with particular focus on Constitutional Amendment No. 115/2022 and the Brazilian General  Data Protection Law (Law No. 13,709/2018 – LGPD). The research also discusses the main  legal principles and limitations established by the LGPD, highlighting the need for personal  data processing to be conducted in a transparent, lawful, and secure manner, as well as the  accountability mechanisms applicable to violations of data protection regulations. Furthermore,  the study addresses the impacts of personal data processing on the effectiveness of social rights,  demonstrating that the improper use of personal information may result in discrimination,  excessive surveillance, and digital exclusion, thereby undermining equality and access to  essential public services. Conversely, it recognizes that the responsible use of data can  contribute to improving public policies and administrative efficiency. Finally, the study  concludes that technological advancement must be accompanied by effective data protection  mechanisms based on governance, transparency, and institutional accountability. It therefore  advocates for a balance between technological innovation and the protection of human rights,  ensuring respect for human dignity and the effective realization of social rights in the digital  age.