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A Landmark Ruling from the Brazilian Supreme Court: Data Protection as an Autonomous Fundamental Right and Informational due Process

Bruno Ricardo Bioni, Renato Leite Monteiro, Rafael A. F. Zanatta, Mariana Rielli


Direct Action of Unconstitutionality 6387, 6388, 6390 and 6393, Federal Council of the Brazilian Bar Association, Brazilian Social Democracy Party, Brazilian Socialist Party, Socialism and Liberty Party, Communist Party of Brazil v. Federal Government - Provisional Measure n. 954/2020, DJe. May 7th, 2020.
Personal data sharing - Provisional Measure - Telecommunication Companies and The Brazilian Institute of Geography and Statistics - Covid-19 - Fundamental Right to Protection of Personal Data - Human dignity, data confidentiality, right to privacy, and to private life - Proportionality - Federal Supreme Court.
The judgment of the referendum on the injunction measure was not converted into a judgment on the merits, so the decision does not have a binding effect to other levels of the judiciary. After the publication of the votes, Justice Rosa Weber, the Rapporteur, decided on the merits of the case, ruling that the action had lost its object due to the fact that the Provisional Measure was not converted into law in due time, therefore losing its validity. Even though, the decision is still a historical precedent since the Brazilian Supreme Court has been recognized data protection as a fundamental right for the first time. In this sense, such decision might guide the future the interpretation on this matter.

Bruno Ricardo Bioni, Founding director of Data Privacy Brasil. Ph.D. candidate in Corporate Law and Master in Civil Law at the Faculty of Law of the University of São Paulo. Renato Leite Monteiro, Founding director of Data Privacy Brasil. Ph.D. candidate in Philosophy and General Theory of Law at the University of São Paulo. Rafael A. F. Zanatta, Research coordinator of Data Privacy Brasil. Ph.D. candidate at the Institute of Energy and Environment of the University of São Paulo. Mariana Rielli, Project leader of Data Privacy Brasil. Lawyer graduated from the Faculty of Law of the University of São Paulo. For Correspondence: <>


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