GENERAL DATA PROTECTION LAW: APPLICATION TO EXTRAJUDICIAL SERVICES AND THE PRINCIPLE OF ADVERTISING

Abstract

The article is based on the applicability of Law No. 13,709/18 - General Law of Data Protection to notary and registry services in Brazil, essentially aiming to analyze the way that this law has been regulated and applied in these extrajudicial services, observing whether this dynamic regulation weighs the execution of the principle/duty of publicity, one of the pillars of the exercise of notary and registry activities. Initially some considerations were made about data processing, observing the foundations that led to its development and regulation, its initial milestones, the enactment of the LGPD in Brazil and its application to the Public Power, as well as to the extrajudicial services exercised by delegation. Subsequently, it was sought to analyze the functionality and importance of the extrajudicial services that currently comprise five distinct species, thus, its historical evolution, the aspects of its legal nature and the attributions of each species of extrajudicial service were cited. Consequently, the application of the LGPD was analyzed through state provisions, specifically those of the States of São Paulo and Bahia, and some incompatible provisions were observed with the registry publicization, exercised by means of certificates and holder of specific legislation. At first, it was possible to observe some provisions that seem to go against the exercise of publicity of public acts. Finally, we analyzed CNJ's Provision 134/2022, edited with the purpose of pacifying the application of LGPD throughout the country. To carry out the research, the deductive method of a qualitative nature was adopted, with the use of bibliographical research as the technical procedure, primarily through the reading and study of the specific laws and provisions issued to date, as well as through doctrine, scientific articles and materials available in electronic media. Finally, based on the methods used, it was possible to conclude that, for the time being, a middle ground between the maintenance of the notary publicity and the application of data protection has been established; however, the extrajudicial activity under this new perspective is still in its initial steps, and, therefore, it is not possible to clearly determine its final impacts.