This chapter presents a discussion regarding the contemporary reforms carried out by the Brazilian state, related to the intention of establishing itself as a digital and informational state. The historical background of Brazil is outlined, with attention to data protection issues and their connections to authoritarian periods. In a second moment, the current initiatives are compared to those of the past, especially those aimed at conceiving a federated interoperability among the three constitutional powers and subnational states, through the unification of citizens’ identification numbers, highlighting the risks of such measures. Subsequently, this panorama is reassessed from a constitutional perspective, focusing on the informational separation of powers. Finally, the need to reconsider the studied state reforms is emphasized, given the existing risks concerning human and fundamental rights.

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The Brazilian State and Human Rights: Citizen Identification and Informational Separation of Powers

  • Gabrielle Bezerra Sales Sarlet,
  • Lucas Reckziegel Weschenfelder

摘要

This chapter presents a discussion regarding the contemporary reforms carried out by the Brazilian state, related to the intention of establishing itself as a digital and informational state. The historical background of Brazil is outlined, with attention to data protection issues and their connections to authoritarian periods. In a second moment, the current initiatives are compared to those of the past, especially those aimed at conceiving a federated interoperability among the three constitutional powers and subnational states, through the unification of citizens’ identification numbers, highlighting the risks of such measures. Subsequently, this panorama is reassessed from a constitutional perspective, focusing on the informational separation of powers. Finally, the need to reconsider the studied state reforms is emphasized, given the existing risks concerning human and fundamental rights.