"The processing of personal data in criminal prosecution: building up the limits for the efficient protection of fundamental rights".
Criminal prosecution; personal data protection; fundamental rights; judicial reserve.
"The general aim of this thesis is to analyze the limits and constraints imposed on state agencies when processing personal data in activities related to criminal prosecution. Among its specific objectives, the aim is to identify the boundaries (or standards) for the validity of data processing in criminal prosecution, as well as to verify whether – and in what situations – prior judicial authorization is required, always from the perspective of the fundamentality of the right to the protection of personal data. For this purpose, the evolution of the issue of the protection of personal data on the positive-normative and jurisdictional levels in Brazil will be critically analyzed in the light of the theory of garantism and in its dual conception for criminal procedures, focused at balancing the protection of the fundamental rights of defendants and suspects with the trans-individual fundamental right to an efficient investigation and the fair sanctioning of criminal conducts."