A INTERAÇÃO ENTRE ADVOCACIA, LINGUAGEM JURÍDICA NA SOCIEDADE 5.0, VISUAL LAW E PRIVACY BY DESIGN

Abstract

This article aims to analyze the importance of using visual law techniques and the application of privacy by design in the processing of personal data as instruments to ensure the effectiveness of free and informed consent, focusing on the positive impact of advocacy on legal language. To this end, the legal hypothesis of consent and its validation requirements by the Brazilian General Personal Data Protection Law (LGPD) are analyzed, as well as the challenges faced by the processing agent regarding the legitimacy of the use of the institute, since its collection. until the end of data processing. The problem lies in obtaining the holder's free and informed expression, since information about the treatment is not always clear and understandable to the individual, who has informational hypervulnerability due to lack of knowledge of common technical and legal terms within the scope of the treatment. of data. It adopts as a hypothesis the application of privacy by design and visual Law to provide a greater level of transparency in the processing of personal data and thus guarantee informational self-determination. To this end, bibliographical and documentary research was carried out, of a qualitative nature, as it seeks to understand the theoretical and practical concepts of visual law and privacy by Design, as well as analyze and interpret the relevant legislation and decisions made by the Brazilian Judiciary. It is noteworthy that these mechanisms empower the holder's decision-making as they make information about the processing of personal data clear and objective.