A implementação da LGPD nos cartórios extrajudiciais e a relação com os órgãos de controle CGJ/SP e CNJ

Resumo

The objective of this dissertation was to describe the process of implementation of the General Data Protection Law (Law n. 13.709/18) carried out by extrajudicial notaries in the State of São Paulo, Brazil adapting their daily practices and routines to the new personal data protection guidelines. In the same way, it was observed the vision and orientation of the control bodies at the state and federal levels and also how they related to the extrajudicial services in this adaptation process. In the theoretical field, support was sought in the theories of bureaucracy, in the literature review on Accountability and in the theories of incremental development and critical conjunctures, in addition to organizational isoformism. Also, in relation to the application of the LGPD it was sought to verify if there was resistance in its application, either by the holder of the registry office or the public-user, observing the behavior of both in this adaptation process. It was also observed the trajectory of the path in the adequacy of the LGPD and the co-administration posture of the CGJ/SP in the cartonary activities. Regarding the methodology, we opted for the qualitative method, giving preference to semi-structured, indepth and semi-open interviews, as well as the review of the literature and legal norms. Regarding data analysis, four independent categories were selected: 1) general aspects of the General Data Protection Law; 2) legislation and supervision of the LGPD applied by the control bodies; 3) changes in routines and internal procedures; and 4) inspection of control bodies in the adequacy of notaries to the LGPD and the relationship with controlled ones. Regarding the results, in order to meet the new model of protection of personal data established by the Law, there was no resistance on the part of registry holders in the implementation of the LGPD, as well as several changes were observed in daily practices and cartonary routines, dialoguing with incremental development and organizational isoformism.

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/33507

Temas

Administração PúblicaDados

Palavras-chave

AccountabilityOrganizational isoformismResistanceIncremental developmentIsoformismo organizacionalResistênciaDesenvolvimento incrementalAdministração públicaBrasil. [Lei geral de proteção de dados pessoais (2018)]Proteção de dadosCartórios - São Paulo (SP)