A change included in a Bill approved by Congress may open a breach to reduce transparency in the dissemination of salaries of judges and prosecutors, according to civil entities specialized in public administration supervision.
PL 4,015/2023, approved in April, recognizes as permanent risk activity the functions performed by the agents and provides for greater punishments for crimes committed against them. However, two subsequent articles, a term known as “Jabuti”, propose a change in the LGPD (General Data Protection Law).
According to the text, in the treatment of personal data of members of the judiciary, the public defender and bailiffs “will always be taken into account the risk inherent in the performance of their attributions.” The change also provides that “any unauthorized leakage or access” will be treated urgently.
“When this proposal is inserted in the LGPD itself, without defining, in fact, what would be this risk or what a leakage consists, a large door is widened to remove remuneration data,” says Marina ATOJI, director of programs at NGO Transparency Brazil.
Transparency Brazil is one of 12 organizations that sign the letter sent to the President (PT) with a veto request to the articles mentioned. The Presidency of the Republic has until next Thursday (8) to decide whether or not the project will be sanctioned. If there is no manifestation of the Chief Executive, the tacit sanction occurs, that is, the project in its entirety becomes law automatically.
The entities point to the possibility of improper use of LGPD in a moment of the Brazilian judiciary. Like the Sheet It showed, for example, pendurichers caused the São Paulo Court of Justice to be at R $ 75 thousand per month in 2024, above the constitutional ceiling of R $ 37,600.
AMB (Association of Brazilian Magistrates) denies that there is any attempt to prevent social control over the remuneration of members of the judiciary and speaks in protecting sensitive data, which should not be made available without discretion.
For the president of Abraji (Brazilian Association of Investigative Journalism), Katia Brembatti, approval would be a setback to what was observed before the creation of public agencies transparency portals.
“The statement of threat to security was also used before, and none of this was confirmed. This served as a kind of barrier for many years. From transparency portals, hundreds of reports were done, as well as control bodies. This jabuti is an involution, is to return to the same arguments as before,” he says.
According to the organizations, there was no official response from the federal government about the request, but the (Comptroller General of the Union) issued a technical note this week with an opinion for the Civil House veto the articles that change the LGPD. In addition, the EP (National Data Protection Authority) had also been on Jabuti during the project.
Sought by the report, the CGU and the Civil House did not respond on the technical note and the possible veto of the president.
SIGN THE DOCUMENT THAT ASKS VETO TO ARTICLES: ASSOCIATION KNOW, OPEN KNOWLEDGE BRAZIL, TRANSPARENCY BRAZIL, ABRAJI, FORUM OF PUBLIC INFORMATION LAW, RIGHT PLATFORM, REPUBLIC.ORG, PEOPLE FRONT MOVEMENT, FREE ASSOCIATION, PUBLIC LEAVING CENTER (CLP), INTERNATIONAL TRANSPARENCY AND OPS INSTITUTE.
