A plausibilidade da utilização do Big Data para a predição de crimes no Brasil frente aos seus riscos e consequências

Abstract

The advancement of technology and the interactivity that comes with it has provided a great increase in the availability of data around the world, which are collected and stored on the internet, incorporating the so-called Big Data. THE from this huge set of data it is possible to extract information and perform the more diverse types of analysis, including preventive analysis of criminal actions, in order to indicate the likely places of occurrence of crimes and even which individuals are more susceptible to committing crimes, thus allowing that the police act preventively. While predictive crime analysis in Big Data is a promising technique in fighting crime, able to help action of the State and the guarantee of public safety, its application may cause risks to the rights and freedoms of citizens. In addition to the possible conflict with constitutional principles such as privacy and the presumption of innocence, there is the concern that, depending on the criteria used in these analyses, standards existing discrimination are reproduced and erroneous trends are reinforced, motivating unfair decision-making by the police. These risks are aggravated as there is no law that regulates the treatment. of data in the criminal sphere, there is only, for now, a draft law of data protection with regard to criminal prosecution and public safety. Of that In this way, this work seeks to verify the plausibility of using Big Data for the prediction of crimes in Brazil based on an analysis of the functioning and effectiveness of this technique; the criteria used in predictive analyses; of the risks and limits that it presents; and the Brazilian legislation that provides for the treatment of personal data