THE moral damage ‘in re ipsa’ and due processing of data under the prism of the judges: REsp. 1758799/MG and ADI 6387 MC-REF

Abstract

The information society has sharply changed the way people relate, directly influenced by the advent of the Internet. This environment is responsible for storing users' information, since it is there that people connect and spend most of their time. In this context, with the General Data Protection Law, legal science begins to enter this fresh technological terrain, with the protection of personal information about the rights of law, especially privacy, in order to minimize their vulnerability to law enforcement officers. Therefore, in this scenario, it is essential that the civil liability institute is well defined when it comes to improper data processing. Thus, this work, based on the deductive method, will seek to demonstrate that the moral damage manifested by data controllers is presumed, using the basis of bibliographic research and judgments from the courts. The result is that if there is a violation of fundamental rights, moral damage will continue in re ipsa.