A remessa de spam através do whatsapp para a oferta de produtos e/ou serviços: transgressões à proteção de dados e aos direitos da personalidade dos consumidores

Abstract

This undergraduate thesis deals with the violations of data protection and consumer personality rights in the face of techniques for sending unauthorized advertising content (SPAM). Questions regarding the effectiveness of consumer law, the Marco Civil and the General Data Protection Law (LGPD) in the face of advertising mechanisms facilitated by the WhatsApp application were considered as the central hypothesis. From this juncture, the objective was to critically examine the protection of personality rights. The choice of topic is justified by the absence of studies concerning this strategy, making it necessary to analyze whether the used instruments are in line with the principles and provisions established by the Brazilian legal system. The structure of the present work was divided into four chapters, in order to better examine the controversial topics on the subject. In the first chapter, the recurrence of the SPAM through WhatsApp is explored through the application of forms, the identification of the main complaints made concerning the subject on websites and the discussing the jurisprudential position. In the second chapter, it briefly discusses the concept of SPAM and its methods to be sent through instant messaging applications. In the third chapter, the violation of personality rights in the digital environment is discussed. Finally, the fourth chapter discusses transgressions of the Consumer’s code by abusive practices and the necessary articulation between the members of the National Consumer Defense System and the National Data Protection Authority. Regarding the methodology, the hypothetical-deductive method was adopted; as for the philosophical aspect, it was opted for hermeneutics; as for the sociological focus, exploratory, monographic and case study methods were used. In terms of methodological lines, the critical-methodological was followed; among the generic types of investigation, indirect documentation and extensive direct observation were adopted. Regarding the projected objectives, exploratory research was used. It was concluded that no legislative change is necessary, as the provisions and values stipulated by the legal system are sufficient to counter the sending of SPAM through WhatsApp. The problem lies in the lack of effectiveness of the protection provided, making it important for public and private entities to act together, seeking to protect consumers from this type of abusive conduct.