Capitalismo de vigilância e proteção de dados pessoais: o caso do superendividamento da região norte do Brasil

Abstract

The present work was used to analyze the right to privacy as an instrument of value superior to that of surveillance capitalism. The study on the data rights holder and his condition of (hyper) vulnerability was carried out based on the practice of commodification of personal data combined with the fragility of companies to control the personal information made available “voluntarily” by their users, which implies not only the need to look into the historical evolution of capitalism, but also to understand the entire apparatus that gave rise to the regulation of personal data, either through Law No. credit – Laws nº 12414/2011 and Law nº. 8078/90. In this way, the logic of the expropriatory economy derives from the idea of using user data as a source of raw material embodied in the practice of consent, which is very controversial, since such availability is, at the very least, flawed, when confronted with the objective protective of the principles of hypervulnerability, human dignity and the right to personality. With this approach, we seek to evaluate the protective means that enable the user to act as the protagonist administrator of their personal data and the impact caused by over-indebtedness in the North region, more specifically in relation to the risk assessments carried out by Data Protection Databases. credit for the purpose of granting credit to its customers. Thus, the present work aims to examine whether the economic capacity of the consumer is in fact an exclusive factor for obtaining credit, considering the possibility of extortionate collection of interest by the granting company, from the perspective of capitalism, even demonstrating civil liability for the activity performed (business risk) and the possible impacts caused by information asymmetry. This work was based on a bibliographical research, with a qualitative approach, in which books, articles, legal doctrines, legislation and jurisprudence were used.