Uma análise do processo civil e a lei geral de proteção de dados pessoais

da necessidade de harmonização entre o princípio da publicidade e a proteção dos dados pessoais sensíveis

Abstract

However, in 2020, the General Personal Data Protection Law (LGPD) came into force, improving the protection of the fundamental right to the protection of personal data by regulating the processing of such data and inserting a series of principles, institutes and concepts into the Brazilian regulatory system – for example, “sensitive personal data”. Thus, given the relevance of the debate on the effective protection of sensitive personal data while preserving the constitutional mandate of the publicity of procedural acts, this study focuses on the following questions: “are there controversial aspects between the principle of publicity of procedural acts and the right to the protection of sensitive personal data – as defined by the LGPD? Is normative harmonization possible?” The study concludes that it does not identify
exactly controversial aspects among the existing normative sources, but rather the need for a
dialogue between the sources so that it is possible to construct a uniform interpretation of the
norms that can be followed by the majority in the Judiciary in order to provide effectiveness
to the principle of publicity of procedural acts in conjunction with the preservation of the
rights to the protection of sensitive personal data.