Reconhecimento pessoal por mídias digitais: LGPD penal e sua fragilidade como meio de prova

Abstract

The growing integration of digital technology in all aspects of contemporary society has triggered a series of challenges and opportunities in the field of legal regulation, especially concerning the protection of personal data and photographic personal identification. The use of photographic personal identification through digital media is commonly employed as evidence in the Brazilian criminal justice system. However, during and after the collection of personal data, the procedures present in the legal system are often not followed as standards, compromising the reliability of this fragile means of evidence. Methods for protecting personal data, both through constitutional and infraconstitutional laws, are fundamental to addressing these issues. Among the most significant initiatives is the draft bill of the General Data Protection Law (Penal LGPD), which seeks to establish clear guidelines for the processing of personal data, including images, in the context of public security and criminal prosecution. This legislation aims to fill regulatory gaps, ensuring that individual rights are respected while addressing the needs of public security. The research also explores the connection between photographic personal identification through digital media and structural racism. The use of this means of evidence has demonstrated the perpetuation and amplification of racial disparities in the criminal justice system. Concrete cases highlight how these technologies can exacerbate inequalities, underscoring the urgent need for measures and regulations that ensure equity and justice in the criminal process. Thus, this study aims not only to contribute to a more informed debate but also to encourage effective political and legal actions that promote a fairer and more inclusive criminal justice system in Brazil