POSSIBILITY OF APPLICATION OF THE CDC TO REGISTRY OFFICES AND THE CONSEQUENTIAL EXTENSION OF SANCTIONS BY THE LGPD

• DOI: 10.22533/at.ed.21631423160610

• Palavras-chave: Registry Offices. Legal nature. Extrajudicial services. Application of the CDC to the registry offices. LGPD.

• Keywords: Registry Offices. Legal nature. Extrajudicial services. Application of the CDC to the registry offices. LGPD.

• Abstract:

  This article aims to carry out an analysis of the importance of registry offices in society and their constant evolution, mainly technological, with regard to data storage. In this sense, we first seek to verify which would be the best current to define the legal nature of notary offices, whether it would have a public or private nature, and from that to verify which legislation could be applied to extrajudicial services. Among the applicable laws, the possibility of applying the Consumer Protection Code stands out if the private nature of notary offices as a service provider is verified. On the other hand, it must be noted that, regardless of their legal nature, for carrying out data processing, notary offices must be subject to the General Data Protection Law. Given this scenario, there would be a clash of norms between the CDC and the LGPD based on the definition of the private nature of the registry offices. This is because the LGPD has milder sanctions related to unlawful acts involving personal data, while the CDC already provides for more serious penalties, such as simple imprisonment.