Dear readers,
We present another edition of the Labor Journal of Substantive and Procedural Labor Law, organized by Anamatra — National Association of Labor Court Judges — in partnership with LTr Editora, addressing the essential aspects of the General Data Protection Law, a new legislation with numerous implications for the lives of citizens and workers, as well as for employment contracts.
Anamatra has addressed this topic on several occasions, and since the approval of Law No. 13,709/2018, it has been taking the necessary steps to implement it. A report prepared by the Directorate of Legal Affairs and Prerogatives highlights the internal measures to be taken within the organization for prompt compliance with the legislation. The organization also includes a webinar organized by Anamatra featuring speakers specializing in the topic and aimed at members. Finally, an issue of the Journal dedicated entirely to the topic and aimed at the general public.
Therefore, beyond associative matters, Anamatra understands the importance of contributing to an internal and external training process that enables critical reflection on this new area of regulatory influence, as readers will see by reading the articles selected for this issue.
In a highly complex society full of pitfalls, where implementing best integrity practices has become essential for any management, including associations or businesses, for example, the enactment of Law No. 13,079/18 (General Data Protection Law) clarifies the regulatory framework for data protection in the country, providing legal certainty for managers who adapt their processes and procedures to the new legislation. This minimizes the risk of civil, administrative, and even criminal liability for data processing, always demonstrating its importance within the democratic rule of law.
In all respects, we begin with the provisions of Article 1 of the LGPD (Law No. 13,709/2018), which states: "regarding the processing of personal data, including in digital media, by a natural person or by a legal entity under public or private law, with the aim of protecting the fundamental rights of freedom and privacy, and the free development of the natural person's personality."
It is immediately clear that the new legislation is in line with the dictates of a democratic state governed by the rule of law. The state model known as the Democratic State governed by the rule of law is an evolution of the Welfare State, containing normative advances that correct or improve upon previous stages of the state, which advocates equality, social justice, and, above all, the guarantee of fundamental human rights. In this type of state, exemplified by our 1988 Federal Constitution, the appreciation of human dignity as a fundamental value and principle gains importance and prominence.
The new data protection regulations are based on an understanding of the complexity of living in a pluralistic society, where threats to human dignity come from diverse sources, and therefore the state finds it difficult to guarantee it. Therefore, fundamental rights, including the right to privacy, must be viewed in conjunction with the other fundamental principles of the legal system and must gain new strength and vitality to fulfill their role of promoting human dignity. Therefore, there is a reflection on the State and politics in modernity, from their origins to their crises, with the aim of showing the relationship between them and the intertwining that exists, from the origin of the State, its crises and the effects that politics provokes or causes.
It should be noted that the Democratic Rule of Law goes beyond both the formulations of the Minimal State and the Welfare State, imposing on the State and the legal system, as its primary task, social transformation aimed at deepening formal and substantial democracy—that is, political, economic, and social democracy—and the prevalence of human rights. The issue of equality gains substantive meaning, in the sense of legally ensuring dignified living standards for human beings, not only from an individual perspective, but also as beings living in a community. Hence, the need to protect data and personal privacy in the context of labor relations arises.
It is true that the Law will influence everyone's lives, but in the case of members of the Judiciary and Public Prosecutor's Office, the impact may be even greater. It is indeed extremely necessary to better understand the new scenario proposed around the importance of data, increasingly relevant and fundamental in a data-driven society.
In the context of the proposed topic, data protection, possible answers are sought, leading to the necessary delimitation of the subject. That is, after considering that we live in
a democratic state governed by the rule of law, it is important to review labor law principles, examine labor relations and employment contracts in particular, study the new Law
and find appropriate answers regarding how it can and should be used in employment contracts and its importance as an instrument for delivering social justice.
Several aspects are addressed in this edition, such as the treatment that can be given in contract terminations due to non-compliance with data protection, the civil liability of the
employer for failure to protect data, the repercussions of the LGPD on labor law and the labor process, the LGPD and labor relations and employment relationships, the impacts of the
LGPD on labor law and the Labor Courts, among other highly relevant topics.
In this sense, ANAMATRA demonstrates its commitment to adapting to the demands of the new digital era that is already here, safeguarding the interests of its members and its statutory purposes more efficiently, effectively, and with full integrity, internally, and demonstrating its importance to society externally.
May this edition achieve its objectives and help readers understand the importance of protecting and processing the personal data of Brazilian citizens, including workers.
Enjoy your reading.
May 2022.