O tratamento de dados pessoais dos jurados por parte do Ministério Público: um estudo de caso do júri da boate kiss

Abstract

With the technological evolution it is known that society has gone through a datafication phenomenon. This phenomenon put to the test the rights of personality, such as pri vacy, due to the unrestrained processing of personal data. In this context, the General Data Protection Law (GDPL) emerged to systematize and reinforce data protection principles, aiming to bring a more effective protection to personality rights. In the Jury Court, the personal data processing can be observed, for instance, in the use of the Integrated Consultation System (SCI) by the Public Ministry, with the purpose of filte ring and discarding potential jurors. However, there are indications that this data pro cessing does not comply with the principles set out in the GDPL. This topic gained a lot of relevance after being taken to the Jury of the Kiss Nightclub by the defense team of one of the defendants. At the time, the Public Ministry admitted the use of the system to choose jurors, based on their personal (and sensitive) data. Subsequently, the mat ter was analyzed in an appeal, within the scope of the nullity related to the (dis)parity of resources between defense and prosecution. Taking the case of the Kiss Nightclub Jury as a starting point, the present research questions what would be the limits and possibilities regarding the processing of personal data from the jurors by the Public Ministry, based on GDPL principles. For this, the monographic method and the induc tive approach method were used, with bibliographic and documentary research tech niques. Finally, it was concluded that the data processing in this case violated the prin ciples set out in the GDPL, insofar as sensitive personal data was used for discrimina tory purposes, resulting in the exclusion of citizens from the Sentencing Council under the pretext of moral unsuitability. In addition, there was a diversion of purpose regar ding the personal data processing and how it was handled within the scope of the Integrated Consultation System, whose use by the accusing body had been granted for actions related to the promotion of public security and other activities related to the criminal prosecution, directly reflecting in the compliance with the principles of suita bility and necessity. The non-compliance with the general principles of data protection and consequently with the fundamentals that govern this protection system demons trated a direct implication in the penal system selectivity and in the personality rights of the citizens. In effect, the limits and possibilities of using the referred system must receive new delineations to adapt to the current legal system, since the GDPL is fully applicable to the case under study - considering that the personal data processing occurred extrajudicially and disconnected from the regular activities inherent to criminal prosecution. Keywords: Personality rights. Jurors. Jury at the kiss nightclub. General Data Protection Law. Princip