CONSTITUTION AND TECHNOLOGY: PRIVACY IN THE DIGITAL AGE ON SUPREME COURT JUDGMENTS
Constitution; Privacy; Technology; Constitutional Court; Personal data.
The right to privacy, as an aspect of personality, is protected as a fundamental right by the Brazilian Constitution, specifically in Article 5, X. Despite its privileged position in the constitutional text, the digital age demands ongoing discussion regarding its scope of protection. Innovations arising from technological advancement present challenges to legal interests related to privacy. In this context of legal responses to technology, the mutability of the concept of fundamental rights shows adaptability of the legal framework to protect dimensions of privacy that are continuously challenged by new forms of interaction between individuals and technology. In addition to specific legislation that facilitates the realization of constitutional rights, the role of the Brazilian Constitutional Court is significant in establishing limits on the exercise of constitutional rights in cyberspace. This research aimed to understand the impacts of binding decisions made by the Court, in discussions regarding the right to privacy within a technological context. Results indicate that the Supreme Court has interpreted right to privacy as an obligation from the State in creating safeguards to ensure the exercise of rights in cyberspace, particularly concerning the collection, storage, and sharing of personal data.