A evolução legislativa na proteção de dados pessoais no brasil e na união europeia.

Abstract

The study analyzes legislative developments in the protection of personal data in Brazil and the European Union, highlighting the General Data Protection Law (LGPD) and the General Data Protection Regulation (GDPR or GDPR), respectively. Data protection has emerged as a central topic in the debate on privacy and rights in the digital age. The general objective of this work was to carry out a comparative analysis between data protection legislation in Brazil and the EU, aiming to understand convergences and divergences in the development and implementation of regulations. The methodology used was a bibliographical research with a qualitative approach and descriptive objective. 15 theoretical references published in the last 5 years were analyzed, predominantly scientific articles. The search focused on the Scielo, DOAJ and BDTD databases. Thematic analysis was used in 3 axes: foundations of laws, comparison between legal diplomas and critical aspects in application. The results observed, both LGPD and GDPR made progress in guaranteeing privacy and informational selfdetermination, although important asymmetries persist between the Brazilian and European contexts. The study reveals that the laws share principles, but differ in the severity of administrative sanctions and the degree of institutionalization of data protection bodies. It is concluded that the effectiveness of the LGPD still requires further investigation. New studies could investigate challenges and impacts of Brazilian law, in addition to the interconnection between legal systems in this essential area of digital law. Keywords: Data protection. Privacy. General Data Protection Law. General Data Protection Regulation. Digital rights.