THE CHALLENGES OF PROCESS AND JURISDICTION IN THE DEMOCRATIC STATE OF LAW: ELEMENTS OF A THEORY OF DECIDABILITY APPROPRIATE TO THE PROTECTION OF WORKERS' PERSONAL DATA

Abstract

This study aims to verify if the decisions given by the Supreme Labor Court, in the demands related to the protection of workers' personal data, are adequate to Ronald Dworkin's theory of decidability, answering the question: is it possible to state that the decisions of the TST in cases involving the informational self-determination of the worker are adequate to the notion of law as a whole and coherent system? The research uses a phenomenological hermeneutic approach, concluding that the jurisprudence of the TST was partially adequate to Dworkin's theory, sometimes failing to provide a consistent foundation in the face of conflicting fundamental rights.

Keywords

• informational self-determination
• personal data
• integrity
• ronald dworkin
• theory of decidibility