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When asked about the possibility of invoking the LGPD, even though there is a provision in the CPC that authorizes recording, Tamer clarified that "the LGPD can be considered in any situation that involves recording audiovisual content of people, including images and sounds present in the recording, which is considered non-sensitive personal data".

 

"The collection of personal data in the course of procedural acts, such as hearings, must be harmonized with the provisions of procedural law and the LGPD itself. Recording may occur if its purpose is legitimate. In civil procedures, as a rule, the recording by a lawyer can be considered legitimate, as provided for in §§5 and 6 of article 367 of the CPC, subject to any restrictions on procedural secrecy arising from article 189 of the same Code."

 

And he added:

 

"The recording does not necessarily depend on the consent of those recorded, as mentioned during the video, so it can be carried out in accordance with other legal bases of the law itself, depending on the case. The defense of interests in legal proceedings is one of the hypotheses possible.”

 

The discussion becomes particularly interesting in criminal procedures.

 

"One, because the LGPD is not applicable to the investigation and repression of criminal offenses, which could lead to discussion of the invocation of the LGPD by any of the procedural subjects during a criminal hearing. Two, if it were applicable, there is no precedent solid information on the analogical application of the provisions of article 367 of the CPC to criminal proceedings, which could make the legitimacy of making the recording questionable."

 

Regarding the question of whether the LGPD only applies to commercial purposes, Tamer was emphatic: "the LGPD is applicable to all actions carried out with personal data (collection, recording, deletion, etc.), regardless of the purpose. The LGPD just will not be applied to the use of data for exclusively personal purposes (for example, a private contact list on the telephone), for artistic and journalistic purposes, and for the exclusive purposes of public security, national defense, State security and infraction investigation and repression activities penalties."

 

Support note

 

AMPERJ - Association of the Public Ministry of the State of Rio de Janeiro issued a note of support for prosecutor  highlighting her professional qualifications and commitment to ethics and justice.

 

AMPERJ public note

 

The Association of the Public Ministry of the State of Rio de Janeiro (AMPERJ) provides unrestricted support and solidarity to the Public Prosecutor  Oliveira de Sousa, in view of her exposure (of name and voice) without authorization, on social networks and communication, with misogynistic and offensive text to his honor, which in no way contributes to judicial provision and the public interest.

 

Prosecutor  Oliveira de Sousa joined the Public Ministry in 1997, working in the criminal area since 2003. She is currently head of the Public Prosecutor's Office at the 2nd Criminal Court of Jacarepaguá-RJ. Before that, she was a prosecutor at the State University of Rio de Janeiro (1995/1997). She holds a Master of Laws (LLM) from Monterey College of Law (2014).

 

He is, therefore, a professional with vast experience and qualifications, having provided relevant services to the MPRJ, carrying out his duties and basing his conduct on ethics, balance, impartiality and legal technique.

 

Furthermore, the commitment of AMPERJ (Association of the Public Ministry of the State of Rio de Janeiro) is reaffirmed to the uncompromising defense of the prerogatives of the institution's members, remaining vigilant in relation to any act that may vilify them physically or morally .