2023-12-19 20:45:00
The Attorney General’s Office sent a request to the Federal Supreme Court, through a Direct Action of Unconstitutionality by Omission (ADO 84), demanding that the National Congress establish, as a matter of urgency, standards to combat the risk of rights violations due to invasive monitoring software on devices, such as cell phones and tablets.
The request for precautionary measure highlights the need for the STF to establish temporary guidelines until a specific regulation is implemented.
According to the PGR, the Legislative Branch’s omission would be partial, considering that there are standards that might be applicable, but are considered insufficient to guarantee the protection of the rights in question. The context includes the use of spying software by public bodies, investigated by the Federal Police in Operation Last Mile.
One of the highlights is the case of the “First Mile” software, contracted by the Brazilian Intelligence Agency, Abin, in 2018and used during Jair Bolsonaro’s government to monitor political opponents.
The petition highlights that such tools can intercept communications, capture images, track locations in real time and monitor activities without the user’s consent.
The Prosecutor’s Office refers to a report by the United Nations High Commissioner for Human Rights, which highlights the negative impacts of these programs on freedom of expression, the work of the media and public debate.
The PGR seeks not only the declaration of partial unconstitutionality of the legislative omission, but also asks the STF to establish a deadline for the National Congress to overcome this legislative gap and implement provisional measures to protect the fundamental rights to intimacy, privacy and inviolability of the secrecy of personal communications and data.
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