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Justice Gilmar highlights the need to preserve citizens' rights in the discussion on access to virtual data

02/10/2020

Concluding today's public hearing (10) that discussed the control of user data by Internet providers abroad, Justice Gilmar Mendes said that the exhibitors presented several relevant factual and legal questions about the constitutionality and effectiveness of the Mutual Legal Assistance Agreement Treaty signed between Brazil and the United States (MLAT), The report also discusses the need for a systematic interpretation of Brazilian legislation from the perspective of the Constitution. The Justice is the rapporteur of the Declaratory Action of Constitutionality (ADC) 51, in which the Federation of Associations of Information Technology Companies (Assespro Nacional) asks the Supreme Court to declare the constitutionality of MLAT.

For the justice, the requisition of electronic data from foreign companies demands "a fine tuning" that can equate the issues of legitimacy of the actions of the states involved, the effectiveness of the requisitions of the public authorities and the observance of fundamental rights and guarantees. "It is a meeting point between the state, new business models in the digital economy and citizens' rights to privacy," he said. According to him, the Brazilian Federal Supreme Court's (STF) commitment is to reflect on the important issues brought up today by the ADC parties and the entities admitted as interested in the action. Based on the set of information presented at the public hearing, the next step is to prepare the rapporteur's vote. When the case is ready to be judged, it is up to the reporting justice to request the STF's Chief Justice to include it in the plenary agenda.

VP//CF - CG/FB/GL

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