DO CONSENTIMENTO PARENTAL CONTRÁRIO AO MELHOR INTERESSE E AOS DIREITOS PERSONALÍSSIMOS DA CRIANÇA NA LEI GERAL DE PROTEÇÃO DE DADOS
FROM PARENTAL CONSENT AGAINST BETTER INTEREST AND PERSONALISIS RIGHTS OF THE CHILD IN THE GENERAL DATA PROTECTION LAW
Abstract
The objective of the research is to carry out an analytical study about art. 14 of the General Data Protection Law (LGPD - Law No. 13,709 / 2018), especially with regard to parental consent that disciplines the data analysis of the minor carried out in disagreement with the child's best interest. A hermeneutic analysis of the legislative text will be carried out to show the lack of adequacy of protection aimed exclusively at children and adolescents as a necessary tool for the development of the minor's personality. In the end, it is observed that the enactment of that Law enshrines an important regulatory framework for the internet, however there are some flaws in the legal text, among them that of an alternative capable of replacing parental consent when it confronts the minor's rights and legal guarantees. The method of theoretical approach was adopted with bibliographical and documentary review on the theme.
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