LIMITS OF INDIVIDUAL PRIVACY IN THE FACE OF COLLECTIVE WELL-BEING IN THE BRAZILIAN LEGAL SYSTEM

Abstract

The notion of privacy and the rights that derive from it expand every day in the information society. There is an urgent need for reflection on its contours and scope, to avoid the loss of individual control over their personal data. In this scenario, the present study, based on bibliographical and documentary research, proposes to analyze the main aspects of privacy protection, going beyond the concept of prohibiting the interference of others in intimate life, as a duty of abstention, reaching the idea of ​​duties of positive character. To this end, it observes the national protection regulations regarding the matter, highlighting the General Law on the Protection of Personal Data (LGPD). Finally, the discussion leads to an appreciation of the limits of privacy in public and private areas, verifying the balance in the face of the collective good. In fact, once the conflict between the right to privacy and the public interest has been configured, the safest path begins with verifying whether there is indeed a conflict between said values. It is necessary to investigate all the circumstances that make up the concrete case, with the attribution of values ​​and weights to, in the end, arrive at an understanding of which group of norms should effectively prevail. In this way, privacy is a volatile legal object, presenting substantial variations according to the context in which it is inserted, without, however, losing its relevance within the practical life and exercise of citizenship.