The Prosecution Office in the Enforcement of the LGPD

Abstract

Based on its legitimacy for the protection of meta-individual rights, the Public Prosecutor's Office has established itself as one of the main protectors of personal data even before the LGPD came into force, acting under the rules that preceded it. In addition to lawsuits, the Public Prosecutor's Office has also instituted public civil inquiries and administrative procedures with the aim of investigating and requesting clarification, imposing fines, signing agreements and Conduct Adjustment Terms (TACs) with those responsible for illegal practices. This paper presents an investigation of the role played by the Brazilian Public Ministry in the protection of personal data as a defender of the legal order, the democratic regime and unavailable social and individual interests; and aims to identify which judicial and extrajudicial means the parquet has to, among other measures, monitor and punish abuses in the processing of personal data. Through the article, issues such as the legitimacy, perspectives, parameters, criteria, limits and legal instruments of the external control exercised by the prosecutor's offices in defense of the norm of art. 5, LXXIX of the CRFB of 1988.