Tutela penal dos dados pessoais na sociedade informacional de riscos

Abstract

Technological evolution and globalization, as intimate and reciprocally implicated phenomena, have catalyzed a series of social changes since the last decades of the twentieth century, shaping the construction of a distinct paradigm of society, in which information, especially that portrayed by personal data, is placed as an asset of notorious relevance, endowed with aptitude to influence economic scenarios, political, social and cultural at the world level and, therefore, to generate power and authority to those who hold it in greater quantity and quality. This scenario has encouraged the consolidation of new economic (surveillance capitalism) and state (surveillance governments) models, which threaten to undermine the integrity of a reasonably extensive list of human and fundamental rights, among which is the contemporaneously acclaimed right to the protection of personal data, whose legal protection has been reinforced by various regulatory frameworks, however, with a shy and feeble concurrence of Criminal Law. Starting from this problem and making use of the methodology of theoretical research, with exploration of academic works, doctrinal works, norms and judicial pronouncements already produced on the subject, the present study is dedicated to the analysis of the factors that induced the formation of the current model of informational society of risks and addresses the construction of the fundamental right to the protection of personal data for, Ultimately, to inquire into the usefulness, necessity and appropriateness of a criminal protection for this right.