Revista Direito & Paz

Protection of data obtained by facial recognition

Marco Aurélio Marrafon, Ani Karini Muniz Schiebert — Mon, 10 Feb 2025 02:43:08 +0000

The problematic use of facial recognition systems that process and store sensitive personal data without the consent of the data subject has become an important dilemma of the Digital Age. Based on the General Data Protection Regulation (GDPR) and the Brazilian General Data Protection Law (LGPD), this paper analyzes the respective legal diplomas in a comparative manner and proposes measures to safeguard data obtained through the use of this technology for the Brazilian legislator. It was found that the general provisions of the Data Protection Law should be applied, as there is still no specific regulation in Brazil, with the need to expand legislative protection to a level similar to the European regulation. These measures aim to ensure the effectiveness of the fundamental rights to privacy, private life, freedom, non-discrimination and autonomy of will, as determined by the 1988 Constitution.

Understanding artificial intelligence and legitimate interest

Ingrid Mayumi da Silva Yoshi, Carlos Renato Cunha — Mon, 10 Feb 2025 03:14:12 +0000

Artificial Intelligence (AI) has revolutionized various areas of knowledge and economic sectors, introducing innovations that have a profound impact on society. However, along with the benefits come significant challenges, especially related to privacy and the processing of personal data. The work "Understanding Artificial Intelligence and Legitimate Interest" explores the historical context of AI, its theoretical foundations, methodologies employed and stages of development, as well as the complexity of the associated probabilistic uncertainty. To achieve the proposed objectives, this study adopted a methodological approach based on a literature review and critical analysis. The study discusses the origins of AI and the milestones that have shaped it to date, highlighting the principles that underpin its progress. The analysis of the probability of uncertainty emphasizes the statistical nature of the predictions made by AI systems, contrasting with the misconception of absolute determinism. A special focus is given to privacy, examined in the light of the General Data Protection Law (LGPD) and the concept of legitimate interest. The study demonstrates how the judiciary can use legitimate interest to justify the processing of personal data in AI, underlining the urgent need to implement robust data protection measures.

Securitization, factoring and bill discounting operations

José Ricardo Alvarez Vianna — Fri, 21 Feb 2025 19:55:36 +0000

The article analyzes the particularities of securitization, factoring and bill discounting, highlighting their differences in terms of structure, objectives, and legal effects. Although all involve the assignment of credit rights, each operation distributes the risks of default differently, which is essential for understanding their legal nature. Special attention is given to co-obligation clauses in securitization contracts, in contrast to pro solvendo assignments in factoring, addressing their legal effects and the resulting controversies. The analysis of these operations highlights the legal and economic challenges within the scope of business relations and judicial issues, proposing criteria to prevent and resolve potential disputes.

Compliance of request and grant of grants of rights to use water resources for irrigation and the effectiveness of water legislation in the state of Rio Grande do Sul

Deise Marcelino da Silva, Pietra Suéllen Hoppe — Fri, 21 Feb 2025 00:00:00 +0000

Water is essential for the development of human activities and its sustainable management is an unquestionable imperative, especially in regions where agriculture plays a crucial role in economic development. This article aims to analyze compliance in the use of water resources for irrigation and requests for water use permits. In view of this, the problem that guides the investigation is based on the following question: What is the effectiveness of the legislation in force in the State of Rio Grande do Sul regarding compliance in the use of water resources for irrigation, considering the process of requesting and granting a grant of water use? To this end, the deductive approach method was used, considering that it starts from the general view of the use of water resources, to the reality of the State of Rio Grande do Sul regarding requests for granting the use of water for irrigation. Combined with this methodological framework, the monographic procedure method was used with a case study research technique, considering that data from the annual report on the situation of water resources in the State of Rio Grande do Sul for the year 2022 was analyzed, issued by the State Government, in order to find data that answered the research problem. From the study carried out, there is a low rate of regularization of water use for irrigation, despite the legislation that addresses compliance in water use being broad and robust. Therefore, it is possible to conclude that legislation alone is not sufficient to guarantee effectiveness in terms of water use compliance. The challenge lies in expanding technical support for the system and effective supervision.

Resolution n° 547/2024 of the National Council of Justice applied in active tax executions of ISSQN taxes and permit fees of the Municipality of Cambe-PR

Priscila Farias Rodrigues Durães, Fábio Fernandes Neves Benfatti — Sat, 22 Feb 2025 14:56:28 +0000

Municipality revenue, composed of taxes, fees, and contributions for improvements, constitutes an essential source of resources for the implementation of public policies in the areas of health, education, and infrastructure. The effectiveness of tax collection directly impacts the regular flow of revenues, which is vital for financing essential services. This work is justified by the relevance of taxes as primary sources of municipal revenue, aiming to ensure efficient financial management and compliance with fiscal obligations. The social relevance of the topic lies in the demand for transparency and efficiency in the application of collected resources, promoting accountability among public managers. The methodology employed consisted of a literature review and field research. The general objective was to analyze Resolution CNJ nº 547/2024, investigating its legal aspects and the impacts on active tax enforcement related to ISSQN and Business License Fees in the Municipality of Cambe during the first semester of 2024. The specific objectives included gathering information on collection procedures, comparing the resolution with other relevant legislations, and analyzing pertinent judicial decisions. The results showed that, out of 334 analyzed rulings and judgments, 91,3% were dismissals and 9,7% were suspensions, motivated by Resolution 547. 98.5% of Active Debt Certificates (CDAs) had a value below 10 thousand reais and were the main motivations for the decisions being the lack of interest to act and cases stalled for over a year. Further studies on the topic are recommended.

The importance of the General Data Protection Law in consumer relations

Lia Bartolomei Rubim da Glavina, Natalia Maria Ventura da Silva Alfaya — Sat, 22 Feb 2025 15:29:04 +0000

In recent decades, the world has been experiencing a technological revolution, with an exponential increase in people's connectivity to internet networks. As a result, there has been a significant growth in data transmission, whether through communication between one individual and another, or through electronic commercial transactions, or even through involvement in marketing strategies. Thus, there is a need to study the consumer's vulnerability to information made available in the digital market, as well as to expose the importance of the LGPD in protecting the collected data, the objective of this work. In search of in-depth knowledge about the proposed theme, a bibliographical research was developed, through books, jurisprudence, journals and scientific articles. This is exploratory research of an applied nature, with a view to providing information on the subject. Through the research carried out, it was possible to show that with the increase in data circulation in view of the advancement of technological means, communication and virtual commerce, the protection of consumer data, which is the weakest pole of the consumer relationship, has become a duty of who collects them and a right of who gives them. Interconnected with the Consumer Defense Code, the General Data Protection Law will have the function of bringing more balance to the consumer relationship, giving more autonomy to the consumer regarding the management of their data, thus creating an environment secure and aware virtual

Sexual crimes committed in the virtual environment

Anna Bell Potencio Machado, Tarsis Barreto Oliveira — Tue, 01 Apr 2025 14:36:51 +0000

The growing use of the internet has led to discussions about the risks associated with digital anonymity, making it easier to commit crimes such as virtual rape and child pornography, with children and adolescents as victims. Telegram, one of the main messaging apps, is often used to disseminate criminal content, with a 78% increase in reports between the first and second half of 2024, according to SaferNet Brasil. Cybercrime investigations require technical strategies, such as analyzing access logs and breaking confidentiality, in order to trace and identify those responsible. The Brazilian Civil Rights Framework for the Internet and the Cybercrime Law establish legal mechanisms for the collection of essential data in the investigation of these infractions, considering that the investigation phase involves the use of digital evidence, cooperation with internet providers and judicial authorization for access to data that helps identify criminals. This article used bibliographical research as its methodology, with the help of books, magazines and websites specializing in the subject.