Projeto de Lei (PL) da Lei Geral de Proteção De Dados (LGPD) penal: proteção de dados e seus impactos na persecução criminal

• Autor(a) principal: Consoli, Caroline Lopes
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Monografias da UFMT
• Texto Completo: http://bdm.ufmt.br/handle/1/2898
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; LGPD Penal; Lei Geral de Proteção de Dados; Persecução penal; Dados pessoais; Criminal LGPD; General Data Protection Law; Criminal Prosecution; Personal data

A Brazilian Criminal LGPD elaboration consists of promoting data legal circulation for criminal activities, data sharing being indispensable for speed and security in investigations and other actions, safeguarding the personal data protection, as well as the limitation against the illegitimate actions by criminal bodies and entities. This monograph is structured in three chapters that start from a single central problem: the Bill (PL) n. 1515/2022 will discuss state action in the face of criminal prosecution and the fight against crimes in Brazil, directing data protection to public insecurity and noncriminal prosecution. Therefore, it lacks reformulations aimed at compatibility and balance between state action in the face of the penal system and the protective guardianship of individual rights. The general objective of this monograph is to outline an overview regarding the processing of personal data by Brazilian and foreign legislation, as well as it seeks to descriptively analyze the Bill of Law (PL) n. 1515/2022 and investigate its impacts within the scope of criminal investigation and criminal prosecution, as well as analyze to what extent it benefits data protection. Finally, compare it in a technical and descriptive way in relation to the Draft of the Criminal LGPD. The methodology was carried out in a qualitative way, using the following resources: bibliographic research sources, documents, scientific texts, Brazilian and foreign internal legislation, just like the use of online format documents. The research contributes scientifically from the finding that the LGPD Penal needs modifications that respect the constitutional and infraconstitutional legislation, existing in the Brazilian legal system, under the bias that both the criminal prosecution and the protection of the holders´ personal data must be ward effectively and weighted, to express and determine the correct hermeneutics regarding the rule.