Banca de DEFESA: MICHELLSON COSTA DE LIMA CORDEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : MICHELLSON COSTA DE LIMA CORDEIRO
DATE: 17/04/2024
TIME: 15:00
LOCAL: Ambiente Virtual ( https://meet.google.com/tes-iawc-gjt )
TITLE:

PROTECTION OF PERSONAL DATA AND PUBLICITY OF PROCEDURAL ACTS IN THE ELECTRONIC LEGAL PROCESS

KEY WORDS:

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

PAGES: 116
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Judicial routines in recent years have seen 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 due to the implementation electronic judicial process throughout the country, conditioning the filing of new legal actions electronically. To a certain extent, this represented an advance for the national Judiciary from the point of view of complying with the constitutional principles of publicity and efficiency, as access to procedural consultation and the carrying out of judicial activities in the virtual process were facilitated. However, this technological and procedural advance, aligned with the Digital Government Strategy, also contributed to the possibility of unauthorized sharing of personal information, which is protected by the fundamental right to protect personal data. From an applied research, with a qualitative approach, exploratory objective and bibliographical and documentary review, as a technical-methodological procedure, an outline was made of the principle of publicity of procedural acts and their limitations to examine, as a problematic, how the electronic judicial process will guarantee compliance with this principle in light of the applicability of the General Personal Data Protection Law (LGPD), through analysis of correlated regulations, notably the LGPD, the Federal Constitution of 1988, Resolutions of the National Council of Justice (CNJ) and other infra-constitutional laws, under the scope of Constitutional Law and Procedural Law. Faced with the current challenges arising from technological evolution and the means available for its use, in the field of procedural consultation in the Judiciary, it was possible to identify gaps in the legal system related to the protection of personal data, requiring more attentive legal regulation in this regard , a since it is concluded that there is susceptibility regarding the security of personal data in the use of the “Electronic Judicial Process ( PJe )” system used by the CNJ, in view of its adequacy to the LGPD and compliance with the constitutional principles of publicity of procedural acts and the protection of personal data.

COMMITTEE MEMBERS:
Externa à Instituição - EDILENE MARIA DA SILVA
Presidente - 1254860 - FABRICIO GERMANO ALVES
Interno - 1298976 - YANKO MARCIUS DE ALENCAR XAVIER