Protection of Personal Data in Brazil


Article 1, Aim of the Law


Article 1º. - This positive law provides the rules on the treatment of personal data, in a material or virtual way, by natural person or juridical entity, of public or private law, with the objective to protect the fundamental right of liberty, the fundamental right of privacy, and the free development of the personality of the natural person. 

Sole Paragraph. The general norms of the present law are of national interest and shall be observed by the Federal Union of Brazil, Brazilian Federation States, Federal District and Municipalities.


§8. The Article 1 states that the aim of the Law is to protect human rights. The first point is to understand that freedom is a condition of privacy, and that among the liberty of citizens and the liberty of the State, the liberty of the bigger always win. So, where there is a State the liberty of the individual is very regulated and limited. The second point is to observes that the free development of the personality is also a limited illusion, because we are always being conditioned by the environment we are in. This is why in the sole paragraph of the Article 1 the true essence appears like “the Brazilian national interest” - the aim of the norm is to try to protect Brazil, and not only the human rights.


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Rafael De Conti, Rafael Augusto De Conti, Brazilian Digital Lawyer, Cyber Lawyer, Lawyer in Brazil