Surveillance como violadora de direitos humanos: o tratamento jurídico do tema nos Estados Unidos e no Brasil, a partir do caso Edward Snowden.

Abstract

This work aimed to study how surveillance, or electronic vigilance and in a global large scale, violates the human rights of citizens, and to verify the legal treatment attributed to the subject in the United States of America and in Brazil, in a comparative law study. The investigation of this issue was stimulated by the revelations of Edward Snowden in 2013, which exposed that the United States monitored and collected data and information from third parties inside and outside that country, in an indiscriminate and illegal manner. Based on the revelations and their consequences for the global order, the following research problem was elaborated to be answered in this dissertation: what are the limits and potentialities of the normative, doctrinal and precedent legal treatment accorded to surveillance in the United States and in Brazil, taking into account the human rights violated? In order to answer this question, as methodology it was used the inductive method of approach, which starts from a specific study, the Edward Snowden case, for the general, the study of surveillance as an instrument of violation of human rights in both countries investigated. The procedure methods used were the monographic and the comparative. The monograph for the analysis of the Edward Snowden case and the comparative for the comparison of the juridical treatment attributed to the subject in the United States and in Brazil, through investigation of the legislation, the doctrine and the precedents. Research techniques such as indirect documentation and bibliographic study were also part of this process. The theoretical and legal basis of this work was based on the arguments of Antonio Enrique Pérez-Luño and David Lyon, human rights and surveillance experts, respectively. Finally, it was concluded that there is no legislative prohibition for surveillance in the United States, and that the Executive Branch of that country, through its intelligence and security agencies, operates autonomously and independently, often in disregard of its own Constitution and the international regulations, by observing and collecting data and information from third parties. In Brazil, on the other hand, legislative and doctrinal gaps have been identified, since surveillance is largely ignored, which means that information flows remain unprotected in face of surveillance. In short, although there are recommendations to minimize the intrusion caused by surveillance in the world, there is no concrete and finished solution for this practice in the short term. This requires the construction of a new international arrangement around information flows.