Capacidades estatais e implementação da Lei Geral de Proteção de Dados Pessoais : uma análise dos municípios dos Vales do Rio Pardo e Taquari.

Abstract

This dissertation analyzes the influence of state capacities on the incorporation and implementation of the General Data Protection Law (Lei Geral de Proteção de Dados Pessoais – LGPD) in the municipalities of the Rio Pardo and Taquari Valleys. Concerns regarding personal data security intensified with the advent of Information and Communication Technologies and the introduction of the internet in the 1980s, culminating in the enactment of the LGPD in 2018. This legislation elevated data protection to the status of a fundamental guarantee, essential for a dignified life in the digital context. However, six years after its promulgation, the implementation of the LGPD has yet to materialize in most municipalities—major holders of personal information—due to a lack of financial and human resources and limited state capacity. This study seeks to understand the adoption of the LGPD through a theoretical framework centered on state capacities, operationalized in two dimensions: technical-administrative (human and financial resources, planning instruments, and management structures) and political-relational (interfederative arrangements and mechanisms of internal and external control). A mixed-methods approach was employed, combining quantitative research (maturity questionnaire) and qualitative research (personal interviews), focusing on 21 municipalities in the region. The empirical results reveal an uneven implementation landscape. The majority of respondents (13 out of 21) are in the initial stage of compliance, indicating low institutionalization of data governance and deficits in technical-administrative capacities, such as limited budgetary availability for data protection. Conversely, some municipalities—such as Venâncio Aires, Vera Cruz, Estrela, Lajeado, and Teutônia—have demonstrated significant progress, with formalized Privacy Committees and Data Protection Officers, reflecting greater institutional capacity. The study concludes that state capacities directly influence the effectiveness of LGPD implementation, and municipal inertia in compliance poses a considerable social risk. This may lead to non-pecuniary regulatory sanctions, such as the suspension of data processing, with substantial harm to the community. The findings underscore the need for public policies that strengthen technical-administrative and political-relational capacities at the subnational level to ensure regulatory compliance and the protection of fundamental rights.