THE NO NEED FOR CONSENT IN THE PROCESSING OF PERSONAL DATA AND THE JURISDICTIONAL ACTION OF THE PUBLIC DEFENDER'S OFFICE

• DOI: 10.22533/at.ed.2163102316059

• Palavras-chave: consent; Public defense; Human rights; LGPD; personal data protection.

• Keywords: consent; Public defense; Human rights; LGPD; personal data protection.

• Abstract:

  This work investigates the need for consent for the processing of personal data by the Public Defender when such body is acting in the defense of its representatives. The study is descriptive, with a qualitative approach and the thematic axis is Human Rights. Methodologically, a theoretical, bibliographical and jurisprudential exploration of the theme was carried out. The Constitutional Charters of democratic nations, such as Brazil, establish a list of principles that safeguard Human Rights, more precisely, those linked to the dignity and privacy of citizens. Thus, practices commonly adopted by organizations inconsistent with the protection of privacy are no longer accepted, being in them the prohibition of the indiscriminate treatment of personal data, emerging in the world legislations that aim to protect such data. Considering these notes, it is questioned whether the Public Defender's Offices need consent for the exercise of their institutional functions essential to the jurisdiction. It was observed in the doctrine and in the rule that there is no need for authorization from the holder/representative of personal data so that their data are processed by these defenders.