Tratamento de dados, persecução penal e garantia do direito de defesa

Abstract

The central problem of the investigation is to understand where the space for defense protection is in the activities of processing personal and open data, especially in relation to criminal prosecution and respect for the equality of arms. This problem is inserted in the urgent need to intersect the thematic areas related to technology, specifically data processing, with those related to criminal investigation, criminal procedure and the right of defense. The theme was delimited around data processing methods available to agencies that control punitive power and, as a general objective, we proposed to identify how each one of them protects the exercise of the right to defense. From there, we went on to demonstrate how, in relation to the criminal process, these rights are often insufficient and to propose alternatives to this reality in order to assure the constitutional principles related to the criminal process in the midst of data processing activities, especially the due legal process and its main ramifications: adversarial process, ample defense, and equality of arms. Structured in five chapters, the work begins with the contextualization of the reader in the reality of a new social formation where the information coming from the technological context is now considered the key to the world economy and which inserts the technological convergence as a condition for change in the essence of the human being and the structures of power, in order to then present the current state of the art in relation to the treatment of personal data from open sources for the purposes of criminal prosecution and as a form of defense protection. The research adopted as methodological strategy the systematic review, the critical analysis of bibliographical research, jurisprudential research and legal-dogmatic analysis of national and international frameworks. The conclusion leads us to the emergence of discussion about the need for new rights, prerogatives and structures to the defenses to support, safely, the exercise of their duties, proposing changes in the deontological codes of law and defense to ensure the processing of data as a right inherent to the activities of defense.