A proteção de dados pessoais na sociedade informacional brasileira: o direito fundamental a privacidade entre a autorregulação das empresas e a regulação protetiva do internauta

Abstract

This paper exposes the theme of protection of personal data in the present Brazilian contextthat in his constitution provides privacy as a fundamental right to be protected, however, with regard to personal data included on the Internet, the country still has been based on autoregulation, because in the present there is a draft law for both. Regarding the situation of the informational society Brazilian, who discusses the level of protection of the internet user, ranging from self-regulation - companies - and perspective regulation – Law. Using the comparative method observed both these contexts, as consideration of the information of the internet user, now treated as an input of the lucrative digital market, either as elemental fundamental right to privacy should be protected.