Desafios da antidiscriminação na Lei Geral de Proteção de Dados e nas dinâmicas das tecnologias digitais

Abstract

This work will seek to study strategies to tackle discrimination in the field of data protection based on the Brazilian General Data Protection Law (LGPD). The analysis will take place in the intersection with different critical grammars on discrimination and digital technologies. The goal of this work is to understand to what extent the instruments brought by the LGPD can face the cultural challenge of discrimination in a data-driven society. The study thus intends to contrast contemporary forms of discrimination with the anti-discrimination tools found in the LGPD, with the aim of identifying gaps in protection, as well as identifying the reasons and presumptions that allowed these to arise. The LGPD strategies will be questioned on three attributes: legitimacy, effectiveness and efficacy. This question will be based on problems of practical applicability discussed throughout the analysis. Finally, based on the observation of the presumptions that support the LGPD strategies, the work will raise matters that the person responsible for the anti-discriminatory strategies should bear in mind whilst creating a space for the evaluation, creation and rearrangement of these strategies, by reorganizing them, balancing or offering counterproposals that will seek to outline possible paths on the fields of regulation, technology and politics. To this end, an interdisciplinary outlook is implemented, as well as a harmonized take on the matter by considering issues already dealt by doctrine and jurisprudence in the spheres of “civil-constitutional” law and anti-discrimination law.