A (in)constitucionalidade do uso do reconhecimento facial em espaços públicos e privados diante dos direitos da personalidade

Abstract

Investigates and analyzes the (un)constitutionality of the use of facial recognition in public and private spaces in the face of personality rights through the deductive method as a research approach to understand the topic and its legal implications. Beginning with the discussion on the current constitutional order and the importance of protecting human beings and the fullness of their rights, it was verified that the core of the issue is a clash between public safety and the rights of personality. In sequence, the main arguments in favor of and against the use of facial recognition in public and private spaces, discussing how the right to privacy and protection of personal data relates to the use of this technology. In the approach of the General Law for the Protection of Personal Data, it was investigated that the law in question does not regulate the processing of personal data carried out for public safety purposes and that such cases will be governed by law with the aim of applying proportionate and strictly necessary to serve the public interest. As a consequence, it was presented possible legal solutions to guarantee the balance between security public opinion and personality rights in the context of facial recognition for that the legal security of the legal system is guaranteed.