THE VULNERABILITY OF DATA IN ELECTRONIC JUDICIAL PROCESSES: AN ANALYSIS OF DIGITAL FRAUD AND THE STATE'S RESPONSIBILITY IN PROTECTING PROCEDURAL INFORMATION

Abstract

The digitalization of the Brazilian justice system exposes procedural data to risks that the current legal framework has not yet addressed with sufficient precision. This study analyzes data vulnerability in electronic judicial proceedings, examining the mechanisms by which digital scams exploit public procedural information and the legal foundations of state responsibility for protecting such information. The research adopts a qualitative approach, of a bibliographic and documentary nature, with a systematic survey of literature published between 2020 and 2026 in the Scielo, Google Scholar, and CAPES Periodicals Portal databases. The results indicate that the vulnerability of procedural data stems from a combination of normative gaps, technological lag, and an unresolved tension between procedural publicity and the privacy of the parties' data. The study concludes that the effectiveness of the General Data Protection Law (Lei Geral de Proteção de Dados — LGPD) in the procedural environment depends on specific enforcement mechanisms for the public sector and on the adoption of the privacy by design principle in electronic process systems, without which state responsibility for damages caused by digital fraud remains legally undefined. The findings reinforce that the protection of procedural data is not a technical problem with a technical solution; it is an institutional design problem that requires coordinated responses from legislators, court administrators, and legal practitioners. Future research should prioritize empirical studies analyzing judicial proceedings involving digital fraud and the regulatory role of the National Data Protection Authority (Autoridade Nacional de Proteção de Dados — ANPD) in relation to the Judiciary.