The protection of personal data and the performance of the Public Power in Brazil the principle of informational separation of power and the Constitutional Amendment 115/2022

Brazil, with its complex scenario in relation to the use of Information and Communication Technologies, insofar as it presents itself as a hyperconnected society, in which, paradoxically, there are still regulatory vacuums, especially the lack of an urgent dialogue between legal doctrine, the National Data Protection Authority and the jurisprudence on this subject, since the personal data protection system suffers from improvement, is experiencing some important changes. Mainly after the promulgation of the Constitutional Amendment 115, which included the fundamental right to protection of personal data in the fundamental rights catalog of article 5 of the Federal Constitution of 1988, it is necessary to deepen the debate particularly in relation to the structure and performance of the State, notably the Public Administration, which, in short, must be adapted to face the challenges of digital transformation without losing the consistence with the constitutional principles.