DIGITAL VULNERABILITY AND THE PROTECTION OF PERSONALITY RIGHTS: DIGITAL VULNERABILITY AND ACCESS TO JUSTICE IN COLLECTIVE CIVIL PROCEEDINGS UNDER THE LGPD (BRAZILIAN GENERAL DATA PROTECTION LAW)

Abstract

The expansion of the information society has transformed personal data into extensions of human personality, exposing individuals to a structural hypervulnerability in the face of the surveillance economy. The objective of this study is to analyze the viability of structural collective procedural protection as an adequate defense mechanism against the massive and algorithmic exploitation of data, aiming to overcome the dogmatic insufficiency of the model based exclusively on consent. The methodology adopts a logical-deductive approach, based on a specialized bibliographic review of civil and procedural dogmatics, combined with documentary analysis of legislation and the examination of jurisprudential evolution in Brazilian superior courts. The results indicate that the asymmetry of technological power, aggravated by manipulative interfaces and compulsory adhesion policies, makes genuine control of information by the data subject unfeasible, which requires a material transition to the proactive responsibility of processing agents. It is concluded that the collective process microsystem emerges as the indispensable democratic path to impose systemic limits on technology corporations, allowing structural decisions that guarantee the architectural readjustment of informational systems and the effective preservation of dignity in the digital environment.