Democracy, personal data protection and the female vote in brazilian elections

Abstract

The article deals with the history of personal data and its specificities in the Brazilian political and electoral context, connecting the points of attention of the theme with the pragmatic importance of the female vote. The objective is to expose the individual and collective instruments for the protection of the personal data and the fairness of
the elections. In updating the regulation of electoral laws, the Superior Electoral Court (TSE) clarified that the rights of the data subject are present in the electoral field: data subjects can demand directly before the data controllers. Preventive judicial protection is also possible, especially in the inspection of electoral propaganda. In addition, the
article draws from an important precedent by the TSE to argue that the abusive use of personal data, if severe, subjects the beneficiary candidacy to the cancellation of the registration or the candidate elected to the cancellation of the diploma. In conclusion, the empowerment
of the electorate for informative self-determination is essential, but progressive; platform actions are a central part of the problem; due to the lack of regulation, TSE signed partnerships with the platforms; in the need for judicial protection, the Electoral Justice will be ready for
preventive and repressive protection.