A tutela jurídico-penal do corpo eletrônico

Abstract

The purpose of this thesis is centered on the investigation of the non-consensual use of sensitive personal data — particularly biometric data — manipulated by software and/or artificial intelligence algorithms capable of emulating such data and inserting it into intersubjective contexts for the commission of legally wrongful acts. The working hypothesis is that the de lege lata typifications of the Brazilian criminal legal system reveal a deficit in penal protection regarding the repression of such conduct. At the core of the issue lies the inviolability of fundamental personality rights, the scope of which, in the contemporary context, demands comprehensive protection capable of effectively safeguarding even the so-called electronic body. In this scenario, a de lege ferenda evolution concerning the criminal protection of personal data — especially data deemed sensitive — becomes urgent, in order to ensure that between the datafied subject and the integral person there exists a level of protection proportionate to the magnitude of the fundamental values, rights, guarantees, and freedoms at stake. Among these, derived from the principle of human dignity, particular emphasis must be given to informational self-determination and its corollary: the exclusive right to personal informational self-presentation. These rights, by virtue of their pragmatic density, must be effectively secured — even within cyberspace — by means of criminal policy justifications to be implemented through the internal rationality of a citizen-oriented criminal law dogmatics.