The Autonomous Non-pecuniary Damage Contained in the General Data Protection Law (Law 13.709/2018) Damage to Digital Integrity

Abstract

This study offers a critical analysis of the evolution of civil liability, focusing on the integration of new forms of compensation and the inclusion of emerging damages in society. It is observed that contemporary civil liability not only seeks to understand new categories of harm but also adopts an individualized approach to the violation of rights, allowing for unique interpretations that enable autonomous compensation. Regarding non-pecuniary damage, a detailed study of its scope is essential, including its various types such as moral damage, existential damage, loss of a chance, and damage to digital integrity. The Brazilian legal system, with its open interpretative framework, favors the development of new damage categories and the protection of emerging legal interests, which should be analyzed with close attention to the specific case. In this evolving legal context, autonomous damages, with distinct foundations, have gained prominence. Civil liability has unfolded into compensations based on unique justifications, not limited to moral damages or their integration with other forms of harm, but emphasizing the singular value of each type of damage. This evolution underscores the increasing relevance of considering each damage as an independent category deserving of specific compensation. The approach emphasizes the importance of understanding the multifaceted nature of non-pecuniary harm and the expansion of legal protection to areas previously overlooked, like digital integrity, ensuring that the legal response is adequately tailored to modern societal changes. The methodology employed is hypothetical-deductive, supported by an extensive bibliographic review and documentary analysis, aiming for a scientific approach that aligns legal doctrine with factual reality.