Vigilância estatal em massa no século XXI : conflito de pretensões entre o individual e o coletivo no mundo internacionalizado

Abstract

Human existence has always been permeated by a constant conflict of pretensions, among which stands out the clash between the individual and the collective. At this point, the individual claims of privacy and freedom face public security as one of their main obstacles, which has been galvanized through technological developments, in particular with the advent of the internet and information technologies, which have radically changed life. in society. The problem that arises, then, is summarized in the theme of the present study: mass state surveillance and the clash of individual and collective claims in the current and global perspective. The objectives of the present dissertation are, thus, to ascertain whether there is in fact a conflict of claims between the individual and the collective resulting from the operationalization of mass state surveillance and, if so, how such conflict is viewed around the globe. Therefore, the present dissertation begins its first chapter studying historical, philosophical and social aspects on the subject. The second chapter explores the technical elements of the theme, analyzing also the historical evolution of the surveillance. In continuity, the third and fourth chapters try to observe how the theme is treated, from the perspective of the Law, in countries of the northern and southern hemisphere, respectively, pointing out the main characteristics of such practice, paying special attention to the evolution of the theme in the Brazilian territory. Given the confirmation of the hypothesis raised, the fifth and final chapter seeks to issue suggestions for the best conformation of both claims, drawing on both domestic and international solutions, seeking to address the problem with complementary hypotheses that seek to remove the positive points of all the studied, trying, therefore, to make the suiting between both claims for the health of the democratic system.