O direito fundamental à transparência no tratamento de dados pessoais e a gestão do poder judiciário na justiça digital

Abstract

The research aimed to investigate the impact of new technologies within the Judiciary, demonstrating that the internalization of digitalization in the routine judicial activities starts from a political and administrative decision of national justice managers and generates as a reflection a fundamental right to jurisdictions to have their personal data treated with transparency. In this way, questions were raised about the reach of the tools used and their ability to raise conflicts with fundamental rights. One of the issues raised was the repercussion of technological advances on the sphere of privacy, due to the intense processing of data related to the person allowed by disruptive information technologies. Therefore, an attempt was made to identify the legal construction, including notes of foreign legal systems, which allowed the recognition in the national legal sphere of a fundamental right to the protection of personal data. Similarly, considerations were made about the General Law of Personal Data Protection (LGPD) in order to identify the reflections that such legislation brought to the judicial bodies, notably as to the observance of a due informational process for the treatment of personal data, included here a duty of the State to act transparently. In order to contextualize the importance of transparency in the public sphere, a parallel was drawn between this and the fundamental right to good public administration and the right of access to information. The need to harmonize the right of access to information with the protection of personal data was also demonstrated. The current reality of the practices carried out by the courts of the country was also portrayed, especially in the electronic judicial processes scope, as well as the regulation established by the National Council of Justice in order to introduce the LGPD’s dictates in Brazilian judicial organizations. It was concluded that the LGPD has brought to the Judiciary bodies a new duty of transparency, particularly directed to the holders of personal data in the sense that the processing operations performed must be widely publicized. At the same time, this duty, or requirement, of transparency established a true fundamental right to transparency in the treatment of personal data, requiring the Judiciary to make efforts to make the protection of personal data a conforming element of its state action.