Análise do direito fundamental à proteção de dados pessoais na tramitação processual administrativa do Tribunal Regional Eleitoral de Roraima

Abstract

This study addresses the application of the fundamental right to personal data protection in administrative proceedings at the Regional Electoral Court of Roraima (TRE-RR), in light of the requirements contained in the General Data Protection Law (LGPD) and CNJ Resolution No. 363/2021. To this end, exploratory and descriptive research was used both to familiarize and understand the problem of excessive data disclosure and to characterize the regulatory adherence of institutional systems and portals. The approach combines qualitative analysis of documentary content and quantitative analysis based on a structured checklist (Google Forms), using the hypothetical-deductive method to test the hypothesis of partial compliance. The specific objectives sought to a) investigate the exposure of personal and sensitive data in public documents processed in the Electronic Information System (SEI); b) verify the availability of information about the LGPD on the TRE-RR's internet portals and compare it with that of other regional electoral courts; and c) propose recommendations to improve the TRE-RR's level of compliance with LGPD best practices. Furthermore, a convenience sample of 102 documents distributed across 11 document types (certificates, forms, etc.) was used. For the internet portals, 27 courts were analyzed based on 10 criteria derived from the CNJ Resolution, creating a ranking. Furthermore, the research was limited to public documents and information available on the portals, not reflecting confidential internal processes. Likewise, to avoid the risk of leaks, the evidence was anonymized, and the collection procedure was standardized to ensure consistency and replicability. Given the above, we conclude that there is partial compliance and the need for immediate intervention, since the TRE-RR presented 95.1% non-compliance in the document sample and 10% adherence to the transparency of information regarding the LGPD