“Público, mas nem tanto!”: a aplicação da LGPD e o princípio da publicidade notarial e registral no tratamento de dados de crianças e adolescentes pelas serventias extrajudiciais

Abstract

Throughout this monograph, issues related to the General Data Protection Law and its implementation with public services performed by extrajudicial notaries will be addressed, especially regarding the processing of data of children and adolescents performed by notaries and registrars. In view of this, it is established as a research problem: how can extrajudicial services find a balance between the principle of notarial and registry publicity and the protection of personal data of children and adolescents, taking into account the essentiality of notarial and registry acts, the need for transparency of these activities and the requirements brought by the LGPD? In response to this, this research raises the following hypothesis: the implementation of the LGPD in notary offices may generate conflicts with the principle of notarial and registry publicity, however, through clarity in the guidelines through more specific regulations, the adoption of data protection measures and adequate supervision can reconcile the protection of data of children and adolescents with notarial and registry publicity, aiming to meet the peculiarities inherent to these functions, thus preserving the transparency of notarial acts and guaranteeing the protection of privacy and the rights of children and adolescents. The central objective, therefore, is to analyze the applicability of the General Data Protection Law in notaries, regarding the treatment of data of children and adolescents in the face of the principle of notarial and registry publicity. In addition, concepts and structuring elements of both the LGPD and extrajudicial registries are studied to address the apparent conflict between notarial and registry advertising and how specific rules contribute to the balance between them. Therefore, the hypothetical-deductive method was applied, based on the bibliographic research technique, using a survey of various materials on this topic, such as books, magazines and loose publications.