Banca de QUALIFICAÇÃO: MICHELLSON COSTA DE LIMA CORDEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MICHELLSON COSTA DE LIMA CORDEIRO
DATE: 22/03/2024
TIME: 10:40
LOCAL: Ambiente virtual
TITLE:

PROTECTION OF PERSONAL DATA AND ELECTRONIC LEGAL PROCESSING: publicity of procedural acts in the Brazilian constitutional order

KEY WORDS:

Protection of personal data; Electronic judicial process; Publicity of procedural acts; Privacy.

PAGES: 87
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Judicial routines in recent years have had a major paradigm shift with regard to the practices of procedural acts, especially within a new system of organization and handling of procedural notebooks, previously constituted in physical records, which were gradually digitized, through conversion of existing legal processes and also the implementation of the electronic judicial process throughout the country, conditional on the filing of new legal actions electronically. This represented an advance for the national Judiciary from the point of view of complying with the constitutional principles of publicity and procedural speed, as access to procedural consultation and documents included in the judicial process was facilitated, as well as the performance of judicial activities in this area was optimized . process. However, it also contributed to the possibility of unauthorized sharing of personal information, within the scope of the fundamental right to protection of personal data. An outline was made of the principle of publicity of procedural acts and their limitations, with a view to updating the topic, in view of the challenges with technological evolution and the means available for its use, to better explore this research object, the theoretical and practical title. The question arises as to how the electronic judicial process will guarantee, at the same time, the application of the fundamental precepts of publicity of procedural acts and the protection of personal data. The main objective is to analyze the constitutional principle of publicity of procedural acts and its limitations, in the applicability of the electronic judicial process and the LGPD, in its regulatory aspects. To this end, applied research with a qualitative approach, exploratory objective and bibliographic review was used as a technical and methodological procedure for collecting and analyzing data and correlated regulations. Among the results, it was possible to assess that the levels of secrecy or secrecy within the PJe system must be improved and tested in accordance with the protocols established in the CNJ's own regulations, which can be done through testing laboratories with broad discussion and participation of subjects in the justice system, civil servants and qualified collaborators, for the benefit of those under jurisdiction and Society, given the importance of thinking about the issue of personal data protection and how the publicity of procedural acts occurs. It is hoped that the results presented can contribute to the discussion regarding the paths that may prove useful for the sedimentation of the electronic judicial process, as a safe means to guarantee the protection of the State regarding the fundamental rights of publicity of procedural acts and the protection of personal data, in the exercise of jurisdiction and administrative activities of the national Judiciary.

COMMITTEE MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Presidente - 1254860 - FABRICIO GERMANO ALVES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER