The DPU (of the Union) defended, in a statement to the (Supreme Federal Court), that the regulate the use, by agents and public agencies, of secret monitoring tools of cell phones, tablets and other electronic devices to solve the gap on the subject.
The agency asked to enter as a friend of the court in the argument of non-compliance with the fundamental precept presented by the Attorney General’s Office on the issue.
In the ADPF, the omission of Congress is recognized for not regulating the use of cell phones and tablets by public bodies and agents. It also maintains that use must observe constitutional principles, with prior judicial authorization to obtain the personal data of the investigated.
In the demonstration, DPU argues that the lack of regulation on the use of programs directly affects individual freedoms, as well as having the potential to offend rights to privacy, intimacy and protection of the confidentiality of communications. In the agency’s evaluation, the vulnerability of the population against state power and social structures is one of the main challenges of contemporary democratic societies.
“It is necessary to account for the complexity of establishing measures to protect citizens who are in the national territory, not neglecting the need to strengthen the individual guarantees provided for in the Constitution, in an environment of young democracy, still in stabilization, in a society marked by great economic and social inequalities, instruction deficit of most of the population, precarious access to justice,” they write.
The DPU also says that the state cannot “be authorized to be the greatest violator of citizen’s privacy and intimacy of the citizen, making indiscriminate use of mechanisms of espionage of each other’s life, without even being aware of it.” The organ adds that this, especially in a youth democracy, such as Brazil, brings potential risk of excessive practice.
According to the Defensoria, just as a specific law was required for telephone interceptions, it would also be essential to regulate the access to data obtained by remote virtual invasion programs and secret monitoring tools of cell phones and tablets.
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