O controle da atividade policial por meio de câmeras frente ao princípio da privacidade.

Abstract

During the performance of Military Police duties, police officers may use force, even lethal force, in an unjustified or disproportionate manner. Faced with the need for greater control over police actions and the possibility of reviewing decisions made, the technology of Portable Operational Cameras (COP) emerged, which have the potential to be a tool to reduce violence and deaths. As this technology is adopted, debates arise about the practical and legal implications of its use, especially with regard to the possible violation of the right to privacy of both police officers and the general population. Within this context, the following question arises: How can we reconcile the use of body cameras during police operations with the fundamental right to privacy? To clarify this issue, this work examines the history of the Brazilian Military Police, its occurrences of violence and the legal limits of police operations. It then analyzes the practical implementation of COP technology by Brazilian Military Police, taking into account the use protocols and effects of these devices on police operations. Furthermore, current legislation related to COP is discussed, identifying legal gaps and the implications of technology on the right to privacy. This research is relevant due to the social and legal importance of the topic, especially as cameras are being progressively adopted in Brazil. To carry out this investigation, we used the hypothetical-deductive method, analysis of statistical data, information from official bodies and review of existing literature. As a result, we concluded that it is necessary to create specific legislation to regulate the collection and processing of data related to public security, in order to address issues relevant to the implementation of the COP. Furthermore, we observe that the use of Portable Operational Cameras represents a restriction on the right to privacy in favor of a measure that is proving to be increasingly effective in improving public security.