The principle of publicity of civil procedural acts and the fundamental right to protection of personal data: guidelines for a beacon between rights in brazil

Abstract

The aim of this study is to carry out a critical and constructive analysis regarding data protection in Brazil, notably with regard to the compatibility of such a fundamental right with the determining principle of publicity of civil procedural acts in national law. In the meantime, an analysis was carried out regarding the information society, focusing on its distinctive and elementary characteristics, as well as its impacts on people's lives, in order to elucidate the value attributed to information and data in contemporary times. In addition, the theme of the principle of publicity of procedural acts and the protection of personal data in Brazil is addressed, in order to highlight its main characteristics, perspectives and challenges. Next, the topic of data anonymization is addressed as a possibility in the compatibility between publicity of procedural acts and protection of personal data, thus guaranteeing the greatest breadth to both rights. In order to carry out the study, the legal-sociological methodological approach was used. Regarding the type of investigation, in the classification proposed by Jorge Witker and Miracy Barbosa de Sousa Gustin and Maria Tereza Fonseca, the legal-projective type was chosen. According to the content analysis technique, it is stated that this is a theoretical research, which proved possible from the content analysis of the doctrine and other pertinent legislation. In this way, the study proposes to shed light on the proposed theme in order to present adequate solutions regarding the compatibility, within the scope of national law, of the principle of publicity of procedural acts and the right to the protection of intimacy, privacy and informational self-determination such as enshrined in the General Data Protection Act.