O direito fundamental à privacidade e a penhora de bens digitais: limites e possibilidades em face da Constituição Federal de 1988

Abstract

This academic work explores the complex interaction between the seizure of digital assets and the fundamental right to privacy in the legal context of Brazil. The analysis delves into the concept of seizure, covering its purpose and various types, including movable and immovable assets, money and credit securities, as well as intangible assets. It also examines the evolution of seizure practices in the digital environment, considering the impact of technological advances and the challenges they present to privacy rights. The study critically explores the fundamental right to privacy, investigating its conceptual development, legal protection, and ever-evolving understanding. Analyzes the intricate relationship between privacy and personal data protection, especially in the digital environment, highlighting the implications of the General Data Protection Law (LGPD) in Brazil. Furthermore, it analyzes the impacts of the technological revolution and the challenges that the civil procedural system faces in the face of the increasingly growing trend of the virtual world. The research addresses possible conflicts arising from the seizure of digital assets and the protection of the fundamental right to privacy, emphasizing legal and constitutional limitations. Evaluates existing legislation and jurisprudence in Brazil in relation to the seizure of digital assets, exploring the adequacy of current standards in the digital context. Furthermore, it examines the possibilities and limits of seizing digital assets within the scope of the protection of fundamental rights. The study also investigates the impact of the seizure of digital assets on the debtor's privacy, critically analyzing how the seizure affects the right to privacy. It considers the balance between the effectiveness of the attachment process and the preservation of privacy rights, proposing solutions to mitigate potential conflicts and protect individual rights. Finally, the study explores the importance of finding a balance between the effectiveness of the legal process and the protection of fundamental rights. Discusses proposals for legislative changes to guarantee the protection of the fundamental right to privacy and the effectiveness of the seizure of digital assets. Furthermore, it explores possible regulatory measures and highlights the roles of regulatory and supervisory bodies.