A RESPONSABILIDADE CIVIL PELO VAZAMENTO DE DADOS NAS PLATAFORMAS DIGITAIS

Abstract

This study aimed to analyze how civil liability is assigned in cases of data breaches on digital platforms. It examined how the Brazilian legal framework, along with the case law of the Superior Court of Justice (STJ), contributes to the enforcement of civil liability in situations involving privacy violations resulting from the leakage of personal data online. The research adopted the hypothetical-deductive method and employed descriptive, bibliographic, and qualitative approaches. A case law review was also conducted, focusing on STJ decisions issued between 2022 and 2025 related to liability for personal data breaches. The selection was limited to the most recent three years, a period marked by the enforcement of the General Data Protection Law (LGPD – Law No. 13,709/2018) and the enactment of Constitutional Amendment No. 115/2022, which formally recognized the protection of personal data as a fundamental right under Brazilian law. The analysis revealed that the STJ has consistently ruled that the improper exposure of personal data gives rise to presumed moral damage and a corresponding duty to compensate. In consumer relations, the Court applies the principle of strict liability, as provided in Article 14 of the Consumer Protection Code (CDC) and Article 42 of the LGPD, recognizing that failures in data security and storage constitute service deficiencies.