Admirável mundo novo: o reconhecimento facial de pessoas no âmbito criminal e os limites à privacidade na era da vigilância tecnológica

Abstract

Considering the current scenario built from new technologies, especially those related to facial recognition of people, the present work sought to analyze how the right to privacy is regulated by Brazilian legislation, based on the analysis of the chronological context of privacy, as well as its expansion and immersion in the digital field by evaluating its displacement from the axis of the simple right to isolation to the axis of the right to the protection of personal data. The general objective of the research was to verify the legality of facial recognition of people in the light of the fundamental right of privacy. On the other hand, the specific objectives were: to understand privacy as a fundamental right of people; analyze the procedure of facial recognition of people through cameras in public places; understand what are the benefits and disadvantages of the procedure of facial recognition of persons, as well as whether the State can use this mechanism without violating the right to privacy of each individual. The methodology used in this research was implemented by the deductive method, through bibliographic and documentary research and in an analytical-descriptive way. In the end, based on the bibliographic material, it was observed that there are still incompatibilities between the use of facial recognition of people as public policies applied to public security with the national legislation and the fundamentals surrounding the protection of privacy. In addition, the legislation itself still has gaps that can leave people disadvantaged, the data processing systems that identify people also have flaws regarding the pre-directed standardization of certain characteristics to delimited social groups, as well as their inaccuracy of identification, which projects consequences of discrimination, violence, legal uncertainty and unjust deprivation of liberty. especially when applied in a criminal evidentiary bias. The right should bring the holder as a protagonist for the possible processing of personal data, granting him the direct right of access to his private information.