A constitucionalização do direito à proteção dos dados pessoais na PEC no 17/2019

Abstract

This document research aims to analyse the Constitutional Amendment Proposal n. 17/2019, which plans to insert the right to data protection as a fundamental right formaly prescribed in the brazilian Constitution, as well as change the constitutional distribution of powers among the federation. The work consistes in document analysis, and studies of legislation and the theories of other researchers. The research obtained results that explained an undeniable correlation between the Constitutional Amendment Proposal and the caracteristics of brazilian Constitutional Law. First, there is an identity that conects the formal recognition of the fundamental right to data protection and the consitutional history of the country, specially when remaining aspects of the european colonization in Latin America are taken into consideration. Second, a pattern of centralization of powers with the Union also appears to occur in the construction of the constitutional amendment, a problem that this work proposes to resolve by offering an intermediate interpretation of the constitutional division of powers.