Autodeterminação geral e informativa: implicações nas relações contratuais modernas

Abstract

Law No. 13,709/2018 (LGPD) introduced the principles of informational self-determination and the free development of personality into the Brazilian legal system. Given this innovation, the present work aimed to investigate the implications and the possibility of a broad application of the self-determination principle in personal, institutional, and, above all, modern corporate contractual relations. It intended to analyze how this principle can act in equalizing the asymmetries existing in contemporary contracts, such as those concluded between micro and large conglomerates, as well as in consumer and labor spheres, going beyond mere personal data self-management. Therefore, qualitative research of an exploratory, descriptive, and explanatory nature was used, guided by the hypothetico-deductive method and bibliographic technique, with content analysis of doctrinal and jurisprudential sources, notably from the German constitutional court. As a result, it was found that self-determination, in its general, self-preservation, and self-presentation dimensions, constitutes a foundational principle that generates subjective rights and extends to both natural and legal persons. It was observed that the failure of self-determination of the vulnerable party contaminates the free manifestation of will, justifying the intervention of legal protection microsystems to rebalance bargaining power. Furthermore, it was noted that corporations, faced with the new dynamics of the information society and the productive models of big techs, must be guided by social responsibility and self-limitation. It is concluded that self-determination is an essential legal tool for solving contractual asymmetries, and it must harmonize with self-regulation (soft law) and ESG strategies, revealing itself not only as freedom of decision, but as social responsibility and respect for human dignity.