Banca de QUALIFICAÇÃO: MARTA BARROS VASCONCELOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MARTA BARROS VASCONCELOS
DATE: 30/05/2023
TIME: 16:00
LOCAL: Ambiente virtual
TITLE:

CONSUMER DATA PROTECTION IN FINANCIAL ELECTRONIC TRADE: THE EFFECTIVENESS OF LAW 13.708/18

KEY WORDS:

Personal Data Protection; Consumer defense; Financial System; General Data Protection Law.

PAGES: 99
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present study aims to develop an analysis about the effectiveness of the General Data Protection Law in financial consumer relations that are perfected in the digital environment, in order to guarantee the protection of consumer data against the amount of fraud practiced in the banking field through the misuse of your data. In this perspective, the study presented for the time being intends to address, within the perspective of the need to protect personal data in digital relationships, how the fundamental right to data protection will relate to the fundamental right of consumer protection, above all through compliance with the principle of security, provided for in the Consumer Defense Code, as well as the application of the risk-benefit theory. In this way, the problem of the research is the observance of the improper obtaining of data from consumers, obtained due to the non-observance of the duty of safe custody of these cases in the virtual scope, combined with its improper use in financial commerce, for the execution of fraudulent contracts. by third parties in bad faith. Thus, based on the analysis of the provisions brought by the LGPD, studying the possibility of holding financial institutions accountable in an objective way, as a way of guaranteeing the protection of consumers inserted in the virtual scope, for the misuse of data, by third parties, to committing bank fraud, since the General Data Protection Law provides for forms of accountability for the improper use of personal data, as well as other normative instruments could also be applied to the specific case to guarantee greater effectiveness in the desired protection, such as the summary 479 of the STJ.

COMMITTEE MEMBERS:
Interno - 1254860 - FABRICIO GERMANO ALVES
Presidente - 1753047 - MARIANA DE SIQUEIRA
Interno - 1644691 - OTACILIO DOS SANTOS SILVEIRA NETO