Direito à informação x proteção de dados pessoais: a publicação de decisões judiciais em casos de pornografia envolvendo crianças e adolescentes

• Autor(a) principal: Barros, Clarissa Teresinha Lovatto
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Manancial - Repositório Digital da UFSM
• dARK ID: ark:/26339/0013000001bk2
• Texto Completo: http://repositorio.ufsm.br/handle/1/12558
• topic: Criança e adolescente; Crimes sexuais; Dados pessoais; Direito à informação; Poder judiciário; Children and adolescents; Sexual crimes; Personal data; Right to information; Judiciary power; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

It is undeniable that the use of the communication and information technologies (TIC), developed in the XX and XXI centuries, can create new connections and positive interaction ways between civil society and State, making it indispensable the concern about the effects of the inappropriate use of those new technologies. In this scenery, there is the potential that confronts the fundamental rights, as the right of personal data protection, what can be done not only by private ones but also by the State, principally in cases in which the violation comes from the Judiciary Power itself. This is the subject to which this dissertation is about, and analyses the juridical treatment of personal data available for the Judiciary Power and the potential violation in the case of publication of the judicial decisions in the institutional websites, what is done with the aim of discussing the (in)existence of computing self determination rights up against the Judiciary Power. To build up the basis theory, some authors who dialogue concern Law and the Internet were chosen, using as a theoretical basis the contributions from Catarina Sarmento e Castro, Ingo Sarlet and Manuel Castells. The thematic allowed the dialetical analisys, because: a) it is started from the idea that democratic societies have wide information propagation in its support; b) it is confronted the idea of the defense as freedom of speech might be unlimited and irrestrictively used by the State Powers, highlighting the Judiciary Power, once its action cannot bring violation to the rights nor promote the discrimination of jurisdicioners (what can happen due to the propagation of determined data); c) it is evolved to a possible synthesis, when, from the practices observed in the tribunals websites, was aimed to propose alternatives of harmonizing the conflict. Concerning to the procedure method, a comparative and monographic one was used, revealing if there was violation of personal data and, if it have happened, it was seen how such transgression to essential rights happened. The research focused on Brazil, during the period from July to September of 2016, moment in which the website of five FRT were navigated, using the term “infant pornography on the web” in the jurisprudence-searching field. From the results in this field, it was done some analysis to verify if there were data exposed, victims or not, which were supposed to be in secret of justice.