A aplicação da Lei Geral de Proteção de Dados Pessoais (LGPD) nos cartórios extrajudiciais: uma análise acerca da expedição de certidões em ofícios de registro de imóveis da Bahia

Abstract

This study seeks to analyze the application of the General Law of Protection of Personal Data in the real estate registry services of the State of Bahia, specifically with regard to the repercussions and limits of the principle of registry publicity in the face of the new scenario of protection of personal data in Brazil. When issuing real estate certificates, the extra-judicial registry offices are transmitting personal data relative to the parties involved in the acts to third parties, regardless of the presentation of a specific motivation by the applicants. Thus, this paper's main objective is to examine the existence (or not) of conflict between the purpose principle, provided in the Law of Protection of Personal Data, and the principle of publicity, provided in the Public Records Law, because, although there is the processing of personal data and even sensitive data in the process of publishing the information, the specific purpose does not need to be collected and/or informed to the holder of the information. In order to investigate the problem pointed out, the hypothetical-inductive method was used, consisting of the presentation of theories and premises for the development and obtaining of the results of this research. As for the technical procedures adopted, the bibliographical and documental ones were chosen, since the research is based on doctrinal and legislative material and normative acts issued by the National Council of Justice and by the local Corregedorias Gerais de Justiça. Finally, this research has the nature of an applied approach, in the qualitative form.