Abstract
The present article analyzes the constitutional protection of data confidentiality and the communications on the web in the light of the rights to privacy and to intimacy of the users. It aims at analyzing the treatment given to confidentiality in the Brazilian doctrine, legislation and jurisprudence, examining the Telephone Interception Law, the Lei Complementar 105/2001 and the Brazilian Civil Rights Framework for the Internet and, also, the jurisprudential differences concerning the subject, focusing on decisions from the Brazilian Supreme Court. It was concluded that the existing norms in the Brazilian legal system are not sufficiently clear and objective regarding new technologies of electronic and digital communication, a factor that contributes for the systematic occurrence of abuses and violations; and, consequently, for the reduction of the full effectiveness to protect these fundamental rights.
Keywords:
Human rights; confidentiality; privacy; constitutional interpretation; digital era