Banca de DEFESA: IVANA MIRANDA MONTEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : IVANA MIRANDA MONTEIRO
DATE: 30/04/2024
TIME: 10:30
LOCAL: Ambiente virtual ( https://meet.google.com/muz-rkrf-rsd )
TITLE:

BANKING RELATIONSHIPS AND DATA PROTECTION IN THE LABOR CONTEXT: A CONTRACTUAL ANALYSIS OF CONSENT

KEY WORDS:

bank labor relationships; data protection; consent; fundamental rights.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The economic development that permeates society is directly related to connections established in socio-labor relations, in the face of innovation models brought about by technology and the digital revolution. With the increase in information flow, a large amount of data is observed being transmitted without concern for constitutional precepts and respect for fundamental rights already achieved. In this scenario, this research considers the development of the recent regulation of personal data in the country, in an approach that goes beyond its economic exploitation. The problem consists of analyzing respect for the social right to work and fundamental rights developed in the work environment and their direct implications given the way in which the processing of personal data has been carried out, specifically in relationships involving large financial institutions. In this context, the study focuses on one of the hypotheses of legitimization of the processing of personal data that operates through the consent provided by the holder. However, as a manifestation of will covered by freedom, we outline a detailed analysis of this legal basis, in the context of asymmetry of power, between bank employees and their respective financial institution, directly impacting banking contractual relationships. The topic of data protection was analyzed from a constitutional perspective, and comparative with the data protection regulations followed by the European Union, given its influence on Brazilian legislation, in addition to international perspectives. The general objective involves identifying and assisting in the construction of paths that avoid vectors of violation of fundamental and social rights, in the face of improper or discriminatory treatment of data in these relationships. To this end, a hypothetical-deductive method was used, with a qualitative approach methodology, bibliographic and documentary research techniques, exploratory object. The justification is permeated by the thematic relevance of data protection, and its challenges that affect the entire contemporary society, with the growing flow of information, intensified in a post-pandemic scenario, with the increase in digital relationships. Furthermore, the research is enriched with the analysis of a real contractual amendment imposed by a financial institution, at the height of the General Data Protection Law, and its consequences, which bring together theory and practice in contemporary times. Labor law, although absent an express provision in the LGPD, stands out in the search for transparency and worker safety policies. It is observed that the holder, even guided by informational self-determination, remains without effective control of their data. From this perspective, we saw several changes implemented. There is great room for progress, with necessary legislative improvement, seeking specific regulation of data that encompasses the protective system inherent to work relations.

COMMITTEE MEMBERS:
Externo à Instituição - Sérgio Torres Teixeira
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED