A metamorfose do ‘eu’

Abstract

​Contemporary society, driven by the advancement of information and communication technologies, has established itself as a risk society, in which the conversion of human subjectivity into statistical dimensions and behavioral metadata has generated a chronic asymmetry between the citizen, the market, and the State. Given the insufficiency of the traditional right to be let alone, this Undergraduate Thesis analyzes the process of ontological transition from the individual to data and its subsequent positive codification as na autonomous fundamental right and na unamendable constitutional provision (cláusula pétrea) within the Brazilian legal framework, enacted by Constitutional Amendment No. 115/2022. The general objective is to investigate the historical and archaeological trajectory of informational registration up to the consecration of informational self-determination in Brazil, delimiting how this new legal microsystem redefines the boundaries of State and market operations. Methodologically, the research is supported by the hypothetical-deductive method, using a qualitative approach along with bibliographical, documentary, and jurisprudential procedures. Regarding criminal law compliance, the study examines the axiological symbiosis between Article 154-A of the Penal Code and the legal bases of the General Data Protection Law (LGPD), demonstrating that non-compliance with informational standards converts na administrative offense into a criminal violation. It analyzes the severe cascade effect of mass breaches on personality rights, algorithmic equality, home inviolability, and the democratic regime. In light of the objective dimension of fundamental rights and the principle of the prohibition of insufficient protection (Untermassverbot), the study investigates the role of public security forces and the National Cybersecurity Policy (Decree No. 11.856/2023) in the qualified repression of computer-related macrocriminality and the Cybercrime-as-a-Service (CaaS) model. Precedents from High Courts are incorporated (ADIs 6.387 and ADPF 1.143 by the STF; HC 51.531/RO by the STJ) to demonstrate that personal data is na autonomous legal asset that guides the validity of state criminal prosecution. Under the theoretical influx of Hans Jonas’s Principle of Responsibility and the preventive metaphor of Machado de Assis, the study concludes that cybersecurity must transmute into prophylactic engineering and public state policy, raising inoculative defenses (privacy by design) capable of tutoring the citizen’s “electronic body” and safeguarding human dignity in the new cybernetic agora.

​Keywords: Data Protection. Constitutional Amendment No. 115/2022. Cascade Effect. Public Security. Cybersecurity.