| dc.description.abstract | In a context of rapid technological evolution, hyperconnected, the amount of
personal data available and the possibilities of its use are unprecedented. Several
practices already apply technologies to analyze these data under the justification of
criminal prevention and repression. With the need to reconcile the fundamental rights
to personal data protection and public safety, some proposals for regulation of the
theme have stood out - the main one being Bill no. 1.515, of 2022, presented to the
House of Representatives of Brazil. In this sense, the present work is driven by the
following research question: to what extent does the proposed criminal LGPD (Bill No.
1.515 of 2022) limit and guarantee the fundamental right to the protection of personal
data within the context of ensuring public security in a broad sense? To answer this,
the research used the systemic-constructivist method. The dissertation is divided into
two parts: the first, exploratory, aims to conceptualize and identify personal data and
possible uses in the criminal sphere; the second, descriptive, seeks to define the
colliding fundamental rights, with the identification of the possibilities of restriction and
the "limit to the limits" imposed by one right over the other. We conclude that the Bill
no. 1.515/2022 overvalues public security, invading the essential core of the
fundamental right to the protection of personal data, limiting the latter right rather than
guaranteeing it. | pt_BR |
