CONTROVERSIAL ISSUES INVOLVING CRIMINAL JURISDICTION AND THE NEW TECHNOLOGIES UNDER THE BRAZILIAN GENERAL LAW OF DATA PROTECTION (DPL): DATAVEILLANCE

• Autor(a) principal: Quintiere, Víctor Minervino
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/290

The exercise of criminal judicial protection, in times of technological innovation, raises doubts worldwide, a scenario from which Brazil does not distance itself. A mong the technological innovations is the surveillance mechanism called data-monitoring. In the list of existing criminal and procedural principles, its worth noting the prohibition on the production by the accused of evidence against himself (nemotenetur se detegere). In the Brazilian legislative field, the recently created General Law on Data Protection - LGPD and its (non) applicability in criminal law are highlighted. The analysis of the set of instruments and norms existing in Brazil, especially the one related to data protection, made it possible to conclude that it does not guarantee the State, more specifically as a holder of the Jurisdiction, efficiency in the preventive fight against violations of the rights of personality of the accused, with emphasis on the one related to the fence contained in the nemotenetur se detegere, through the use of dataveillance since the normative system, besides not solving the problem must be improved.