The Civil Rights Framework for the Internet and the doctrine of the dialog of sources

Abstract

The research is based on the doctrine of the dialogue of sources, proposing a critical reflection on the normative interaction to face the challenges of data protection in Brazil, requiring an effective interaction between the Civil Rights Framework for the Internet, the General Data Protection Law and the Consumer Protection Code, whose object of study is to investigate how the dialogue between these legislations, analyzing the problem of the (un)availability of these rights in a context of informational self-determination and human freedom. The methodology employed is exploratory, with bibliographical and doctrinal analysis, as well as consultation of court decisions. It is noteworthy that the Brazilian Civil Rights Framework for the Internet, although celebrated as a regulatory framework, faces limitations in guaranteeing legal certainty in the processing of data. In this context, the General Data Protection Law emerges as a response to the need for a culture of privacy and the Consumer Protection Code to guarantee principles in consumer relations mediated by digital platforms, there are also ethical and legal dilemmas, such as the tension between freedom of expression and responsibility for the use of data, exemplified by the inability of institutions to protect online environments, especially vulnerable groups such as children. To this end, considering the dialogue between the Brazilian Civil Rights Framework for the Internet, the General Data Protection Law and the Consumer Protection Code, it is considerable to transcend mere legal compliance, promoting an approach that combines informational freedom with data security.