PODER JUDICIÁRIO: DEMOCRATIZAÇÃO E RESGUARDO DOS DADOS DOS CONSUMIDORES NO ÂMBITO DOS CADASTROS POSITIVOS

It will be verified throughout this work the importance of the participation of the Judiciary in the process of democratization of the access to the information of the positive registers, besides the protection of the rights of the consumers in case of distortion of the public purpose regarding the treatment of these data. To this end, the modes of operationalization of positive registries and their legal support are outlined, as well as the forms of restriction of access to information carried out by credit protection banks. It also analyzes the issue of the right of access to information from positive registries in view of the rules of the General Data Protection Law – LGPD, in addition to the role of the judiciary as an element of guaranteeing the rights of those registered with their own data. The theoretical basis used is bibliographic research; the scientific method is the deductive one; and the research has an exploratory qualitative approach. It was possible to show that, although the law is clear regarding the processing of data, there are still many violations of consumer rights, requiring an active participation of the judiciary as guardian and regulator.