A (IN) CONSTITUCIONALIDADE DAS PRISÕES POR RECONHECIMENTO FACIAL VIA CÂMERAS DE VÍDEO: conflito entre o direito à privacidade e o direito à segurança pública?

Abstract

This work analysis the unconstutionalities or constitutionalities that happen in prisons or the use of images made by facial recognition, that was collected by video cameras. Such an approach is necessary because of the conflict between fundamental rights of privacy and public security, in addition the absence of legality or regulation has not hindered this practice. So, the goal of this study is verify if there is regulation about the theme in the national scope, as well as to study the impact of the General Law on Protection of Personal Data, no. 13.709/18, in this prisons executions. And this intent will be achieved upon bibliography revision through of quality analysis, searching interpret the factors in a way more subjective. The analysis evidenced that the technologies have evolved day by day, and not often the legislative process go along them in order to bring legal protection to individuals that consume them. Besides that, the use of facial recognition, on special, it is not regulated, that is why, it cannot be considered an investigative means or legal evidence. Therefore, is always necessary evaluate the constitutionals and legal principles already consolidated before inserting a technological novelty in the Brazilian legal system.