A socio-institutional perspective on data protection in the Brazilian public sector

A survey-based research of São Paulo State Court of Justice

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DOI:

https://doi.org/10.35295/sz.iisl.2641

Keywords:

Data protection; Public sector; Sociology of law; Survey methodology; Courts

Abstract

This paper presents a study on the implementation of Brazil’s General Data Protection Law within the public sector, with a specific focus on the São Paulo State Court of Justice. Through a survey-based research the paper discusses how public agents interpret, internalize, and operationalize the data protection legislation in their institutional routines. From a socio-institutional perspective, the study analyzes how legal compliance is shaped by organizational culture, hierarchical structures, cognitive schemas, and technological infrastructure. This perspective engages with the sociological framework of Pierre Bourdieu to conceptualize the State as a structured field in which agents’ positions, trajectories, and resources shape patterns of normative adherence. The results reveal heterogeneous patterns of adherence to data protection norms, conditioned by role-specific perspectives, institutional maturity, and sociotechnical factors. The paper demonstrates the relevance of the survey not merely as a diagnostic instrument but also as a reflexive mechanism capable of mapping the symbolic and behavioral landscape of legal implementation.

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Author Biographies

Marco Antonio Loschiavo Leme de Barros, Mackenzie Presbyterian University

Professor at the School of Law of Mackenzie Presbyterian University (UPM), accredited in the Graduate Program in Political and Economic Law (PPGDPE). He is also a professor at the School of Law of the Pontifical Catholic University of São Paulo (PUC-SP), Department of General Theory of Law.

Ana Rita de Figueiredo Nery, Universidade Presbiteriana Mackenzie

Professor with a doctorate from the Faculty of Law at Mackenzie Presbyterian University (UPM), Department of Public Law. State Judge.

Published

10/29/2026

How to Cite

Loschiavo Leme de Barros, M. A. and de Figueiredo Nery, A. R. (2026) “A socio-institutional perspective on data protection in the Brazilian public sector: A survey-based research of São Paulo State Court of Justice”, Sortuz: Oñati Journal of Emergent Socio-Legal Studies, 16(2), pp. 502–530. doi: 10.35295/sz.iisl.2641.

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