Responsabilidade civil das empresas à luz da Lei Geral de Proteção de Dados (LGPD): um estudo de caso sobre a adequação da LGPD na empresa Assunção Promotora Eireli em São Luís/MA

Abstract

The general objective of this work is to address questions about the accountability of private companies in the LGPD inspection process, in addition to analyzing the scenario in which it was enacted and its expected objectives in society, describing the processes of application of the norm, since it has a direct influence on intimacy and private life, and should be seen analytically for its best application as a right of personality. In addition, it is interested in conceptualizing civil liability and its application within the perspective of the LGPD, relating the debates on private life and the collision of constitutional principles such as intimacy and information. It also analyzes which theory within Civil Responsibility will be used to define the responsibility of those who violate the norm, and also, explore and understand how judgments and sentences are being carried out in these cases by the Brazilian judiciary.For this purpose, a qualitative method of approach is used, bibliographical research of an exploratory nature, a case study of the company Assunção Promotora, with the application of a questionnaire to one of the employees responsible for the implementation process of the LGPD in the company studied,in addition to research through the exploration of current legislation, doctrinal and documental.After presenting the doctrine and applicability of the law in the existing process, it appears that companies have been held accountable for existing concepts within civil liability, however, there are not so many convictions in indemnities, judges apply an even more educational procedure that obliges the party to adapt to the correct processing of data, since the process of collecting and storing data involves fundamental rights that affect an entire community.