O direito fundamental à privacidade no estado contemporâneo: uma análise da criptografia e das tecnologias livres

Abstract

This research aims to study the Fundamental Right to Privacy analyzing the impacts brought over it by the Information Age. Therefore, it questions the possibility of counter-use encryption and free technologies as guarantors elements to reaffirm the fundamental right to privacy. Initially, the segregation between public and private domains from Hannah Arendt is analyzed, both, the spheres of political, social and privacy are treated, proposing the creation of two more spheres, the private life and the intimacy. After that, two distinct concepts of freedom are examined confronting them in order to point out which best correlates with privacy. So, the fundamental right to privacy in the technological age is observed under the international law to, then, bring the Brazilian constitutionals provisions, since the constitution of 1824 until nowadays, treating the existing infra legislation. In the second chapter, all the technologies that are used by, and how they affront the privacy right are understood, as well as, the Snowden's denunciation about the United States of America's global surveillance program too. Therefore, on the third chapter, the impacts over the personal freedom in the opinion of Jeremy Bentham, Glenn Greenwald and Zygmunt Bauman are analyzed. Consequently, the national security justification to allow the global surveillance is also questioned. Similarly, the market interests in the personal data collection are demonstrated. Finally, the proposed solution to the violations caused by technology, which is the use of encryption, Free Software and Free Hardware, is checked by demonstrating how it reaffirms the fundamental right to privacy.