Direito à privacidade e a implementação das câmeras operacionais portáteis às polícias militares brasileiras

Abstract

During the performance of the Military Police, agents may act with the use of force, including lethal force, in an unjustified or disproportionate manner. Faced with the need for greater control of police action and the possibility of reviewing decisionmaking, the technology of Portable Operational Cameras (COP) emerged, which are a potential tool for reducing violence and deaths. As the technology is adopted, discussions arise about the practical and legal consequences of using this equipment, notably in the face of a possible affront to the right to privacy of police officers and the population. Given this scenario, the question arises: in view of the effects of using body cameras during police activity, how is it possible to reconcile their use with the fundamental right to privacy? To elucidate the issue, the present work makes considerations about the Brazilian Military Police, its history of violence and also points out the legal limits of police activity. Subsequently, the analysis of the practical insertion of the recent technology of the COP by the Brazilian Military Police is made, considering the current panorama of use, protocols of use and reflexes of the equipment in the police activity. Still, the legal treatment given to the COP is presented, that is, the legislation currently incident on its use and the existing legislative gaps, in addition to the implications of technology in the right to privacy. Such research is justified by the social and legal relevance and timeliness of the topic, as cameras are progressively being adopted in Brazil. To do so, it uses the hypothetical-deductive method, documentary research of statistical data, data from official bodies and bibliographical research. In the end, it is concluded that it is necessary to draw up specific legislation on the processing of data aimed at public security, capable of providing the necessary regulation for issues relevant to the implementation of the COP. Moreover, it was found that the use of Portable Operational Cameras constitute a mitigation of the right to privacy in the face of a measure that is increasingly effective in improving public safety.