Capitalismo de vigilância: uma análise do direito fundamental à privacidade na sociedade de controle

Abstract

This research presents an analysis of the fundamental right to privacy in the control society. The advancement of communications has led to a gigantic growth in the number of people and equipment interconnected in the digital environment, and this has led to a proliferation of data on the internet, the information created and stored of which increases daily. Personal data has come to occupy a prominent place, and several companies use this information to obtain enormous profits, as they are now converted into currency. There is a paradigm shift with the transformation from production capitalism to surveillance capitalism. To keep up with this new reality, the right to privacy began to require the creation of new legislation for the protection and processing of data, such as Law 12,965/2014 (Marco Civil da Internet), resulting in several principles, including the protection of privacy and personal data, Regulation (EU) No. 679/2016, which deals with data protection in the European Union, called the General Data Protection Regulation (GDPR), and which served as inspiration for the establishment of Law No. 13,709/ 2018 (General Personal Data Protection Law). In this context, through this scientific research, we seek to answer the following questions: (i) does surveillance capitalism violate privacy, compromising the Democratic Rule of Law? (ii) does the era of surveillance capitalism imply the end of privacy? or even: (iii) what would be the power of privacy? In this way, the hypothesis was established that surveillance capitalism is a violation of privacy and an affront to the Democratic Rule of Law. To analyze surveillance capitalism, the works The era of surveillance capitalism: the struggle for a human future in the new frontier of power, by Shoshana Zuboff; and Privacy is Power: Why and How You Should Take Back Control of Your Data, by Carissa Véliz. The research's general objective is to analyze whether surveillance capitalism, even in the face of current protection instruments, affects people's fundamental right to privacy in the control society. To this end, the work will be developed in accordance with specific objectives, which will serve as a guide to achieve the general objective: reflect on privacy as a fundamental right of personality and the dignity of the human person in contemporary constitutional law; analyze the gigantic dimension of data that occurs in the digital environment as an instrument of power for Big Techs; understand the paradigm shift from production capitalism to surveillance capitalism; and research personal data protection instruments in the control society, in the Brazilian legal system. To achieve the proposed objective, the deductive method was used, through bibliographical research, based on the doctrine (national and foreign) that deals with the protection of personal data and surveillance capitalism, articles, scientific journals, among others, and also in Brazilian legislation