O princípio da publicidade e a proteção de dados pessoais: o sistema de Registro Eletrônico de Imóveis (SREI)

Abstract

In the face of misgivings about a platform that can carry out the real state activity in the network society, which aims to publicize registry acts, but at the same time guarantees the protection of the personal data of the users of this activity, this study seeks to contrast the aforementioned constitutional guarantees, and map the legislation and provisions of the National Council of Justice and the General Courts of Justice to analyze whether the Real Estate Registries have an adequate legal body to carry out the real state activity, through SREI. The research uses the dialectical approach method and the monographic procedure method, confronting the doctrines and bibliographies concerning the subject, seeking to answer the following research problem: Taking into account the principle of publicity, advocated by the Federal Constitution of 1988, and on the other hand, the protection of personal data, also provided for in the constitutional norm, is it possible to affirm that the SREI constitutes an adequate tool and in accordance with the competent regulations, with the potential to harmonize the rights under tension and guarantee legal security in the real estate registry activity? To this end, in addition to a critical doctrine that observes the scientificity of the real estate registry technique, the work will include works that expose the relationships that the internet has caused in the guarantee of publicity and the protection of personal data, such as that of the foreign theorist Manuel Castells and the brazilian scholars Danilo Doneda and Ingo Wolfgang Sarlet. This research converges with the studies developed within the scope of UFSM's Postgraduate Law Program, since the investigation falls within the research line "Rights in the Network Society: actors, factors and processes in globalization", as it investigates the inclusion of the internet and its possible consequences for the legal doctrine of registration. Furthermore, in addition to being current and relevant, by proposing to research the principle of publicity and the possible conflict with the protection of personal data in Real Estate Registries, the study finds support in the recent research of the Center for Informational Law - NUDI, coordinated by Prof. Dr. Rosane Leal da Silva.