O empoderamento tecnológico do estado de vigilância frente ao direito constitucional à privacidade e à proteção de dados: a coleta e o tratamento de dados pessoais como instrumento de controle

Abstract

The purpose of this paper is to know and analyze the frequently reported risks of a state of surveillance, incubated in our society by certain uses of information technology and other collective fears. The dissertation is divided into five chapters. The first chapter is dedicated to the study of dystopias and literary works that represent the classic triad of dystopian novels: Brave New World, 1984 and Fahrenheit 451 and how such works reflect societies dominated by control, power and surveillance. The second chapter goes deeper into the surveillance society conceived by Michael Foucault, in addition to presenting reflections, based on concrete cases, about the dichotomy between public safety and the users' right to privacy and individual freedoms. The third and fourth chapters focus on the theme of personal data protection, presenting guiding paradigms and, as such protection distances itself from the principle of privacy and becomes an autonomous principle, as well as how this protection is structured within the legal system Brazilian. It also brings the debate about Provisional Measure No. 954/2020 and its legal consequences. Finally, the fifth chapter aims to discuss responsible data governance and the need to implement legal procedures in personal data processing operations based on transparency and integrity. In the end, it is suggested that the practice of good governance works as a tool to inhibit acts related to the violation of the right to privacy and the right to data protection.