Castilho, Ricardo dos Santos2024-11-272024-11-272022TORRES, Naymi Salles Fernandes Silva. A função social do Sistema de Registro Eletrônico de Imóveis (SREI) : proporcionalidade, proteção dos dados pessoais e direito de propriedade. 2022. 177 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/486This thesis discusses the relationship between the State and its social function concerning the protection of fundamental property rights and of personal information. It further deals with the social function of private property via public registries of real estate and land, relating such concept to the dignity of the human person through the notion of social concord. The work explains that the public availability of data is a prerequisite for public registries, as such public availability is indispensable to the existence, validity and usefulness of the rights in rem that are inscribed. That is because real estate and land rights cannot exist under secrecy, so there is a conflict between fundamental rights and personal privacy in this case. To achieve the objectives of this work, the author builds on the theory by Robert Alexy of Constitutional Rights, regarding the weighting of principles contained in each legal system as an important tool to the interpretation of its Constitution. Secondly, the author analyzes the history of the public registry of real estate and land, as well as its conventions: the public registry was created to effectively safeguard rights in rem. Therefore, the focus here is on the main objective of the public registry itself (i.e., the one of a social order) and to verify its proper functioning and advantages. The author further investigates the electronic innovations of the public registry system in a digital era, based on the concept of judicial security that is the cornerstone of the Rule of Law. Incidentally, the author approaches this concept in light of the theory by Humberto Ávila. Thereon, there is the discussion of the History and context of data protection, and the author demonstrates aspects of convergence and divergence with the registry system. At last, the author makes normative suggestions that seek to balance the principles of property and of protection of personal data, and to solve conflicts in the context of conciliatory constitutional hermeneutics. Judicial security avoids the implosion of the Brazilian electronic registry system that reveals itself as one of the safest on the planet.ptRegistro público eletrônico de imóveisDireitos reaisProteção de dados pessoaisColisão de princípiosSegurança jurídica.