A proteção de dados pessoais no âmbito da persecução penal: o tratamento das informações pessoais dos jurados no júri popular

Abstract

This article analyzes the processing of personal data in the context of criminal prosecution, in particular, those referring to information from jurors acting in a Jury Court. Initially, the scenario of the use of these data by the State in the criminal law was contextualized and which are the supports (or not) for the legitimation and execution of these practices that become increasingly commonplace due to the globalized and technological society. To this end, the current and upcoming regulations on the matter were permeated, namely: the constitutional guarantees conferred on the protection of private life and personal data, the Lei Geral de Proteção de Dados (LGPD), the Budapest Convention, the bill called LGPD Penal and courts jurisprudence. Finally, such normative premises were subsumed in the practical field of the Jury Court branch, using the Boate Kiss case study, in which illegal and unbridled use of jurors' data was found to benefit the prosecution during the process. The urgent and necessary regulation of the processing of personal data in criminal prosecution is concluded as a guarantee of the fundamental rights of the citizen and, also, enables a swift and effective criminal prosecution by the State in this matter.