Consentimento por representação e sua insuficiência na tutela à privacidade desde a infância e a adolescência

Consent by representation and its insufficiency in the protection of privacy from childhood and adolescence

Abstract

This article has as its research problem the following question: what the role of consent in the Brazilian General Data Protection Regulation (GDPR) is and what are its reflections on the protection of privacy in childhood and adolescence. It is shown that consent, as established in the legislation in question, is insufficient to deal with contemporary contractual relations, despite being sufficient in specific cases, but that does not match the predominance of daily practices of capturing and processing personal data. Furthermore, the situation of children and adolescents is characterized as passive as subjects of intense data collection and processing. The hypothesis apt to answer the proposed problem is that the General Data Protection Regulation understands consent as a legitimating element and not as a constitutive element, making it a normative essentially at the service of the interests of surveillance capitalism and not legislation in defense of those who find themselves in a hyposufficient position in this social framework. In the end, we conclude that the General Law of Data Protection ignores the ethical limits that exist in the assumption of the protection of very personal rights attributed to the individuality of their holders. For the development of this reasoning, the analytical, integrated research, and inductive methods are used, as well as the bibliographical research technique.