THE REGIME OF CIVIL LIABILITY IN THE GENERAL DATA PROTECTION LAW AND THE GENERAL CLAUSE OF STRICT ATTRIBUTION:

THE DIALOGUE OF SOURCES AS AN INTERPRETATIVE STANDARD

Abstract

The Law n. 13.709/2018 (LGPD) emerged as a normative framework for the fundamental right of Personal Data Protection, establishing principles, granting rights, establishing obligations, and attributing responsibility to data processing agents. However, it did not textually designate the objective or subjective character of the legal regime inherent to the imputation of the obligation to indemnify arising from the operations regulated by it. Thus, this article sought to establish guidelines for understanding the character of this accountability regime in the light of logical-systematic hermeneutics through the prism of objective civil liability established by the Civil Code, having as a background the dialogue of sources as an interpretative standard. To this end, the classic doctrine on the interpretation of the general clause of strict liability of private law was reviewed, as well as modern studies in favor and against the objectivity of the civil liability regime of the LGPD. To build this systematic interpretation, the doctrine of the dialogue of sources was also revisited. In the end, the legal viability of the objective regime for the allocation of civil liability under the LGPD was concluded in light of the risk theory of the activity, according to the application of the theory of dialogue between sources and the Theory of Risk-Created, provided for in the Civil Code.