Abstract
It is controversial the scope of the General Data Protection Law on administrative, non-business, state and municipal access to data. If this scope is admitted, the Law is unconstitutional. Constitutional Amendment no. 115/22 intended to give the Union competence to regulate this access, in order to validate this unconstitutionality. The reduction of state and municipal competence to legislate on administrative law is unconstitutional, as it violates the immutable clause of the federative form. Once this thesis is overcome, the alleged convalidation, effected by an Amendment, of the unconstitutionality of a previous law is unconstitutional, because it offends legal security and morality. Overcoming this thesis, we must recognize the manifest incompetence of the National Authority for Data Protection both to require states and municipalities to comply with the requirements of the LGPD, and, in case of non-compliance, to sanction them.
Keywords:
administrative access to data; federative entities; convalidation by Amendment; limits to the power of constitutional reform