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Lukas Weschenfelder: “Political categorization” of people

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The information/digital society is characterized by the consolidation of one-sided associations. Dogmatic language relating to the protection of personal data and/or Confidentiality there is still a long way to go to achieve optimal regulatory parameters for guaranteeing, protecting and promoting the basic human right to the protection of personal data, as well as other rights that are related and complementary. .

As Professor Jorge Pereira da Silva of the Catholic University of Lisbon well recalled in a lecture held on August 23, 2022 at the Pontifical Catholic University of Rio Grande do Sul, the fundamental right to the protection of personal data is not structured. to protect personal data, but the people, their holders.

In the pre-election period, it is necessary to reflect on the normative contours of this right in its subjective and objective dimensions, especially those related to political personal data associated with “political opinion” and to “to belong to […] character organization […] political” (Article 5, II, Law 13.709/2018 LGPD), which, by the way, are prefaced as sensitive, requiring a special level of protection.

Making a cut for this article, the question is: is it legal for a state to create a database [1], whether physical or digital, for the political classification of people? On the other hand, is it permissible for private enterprises, conglomerates with a dominant position in this sector, to carry out such processing of personal data?

In general, these small questions arise as the “private” practice of political profiling and classification of people seems to be naturalizing in Brazil in order to spread and improve political marketing in the digital realm (Internet advertising targeting), social media and similar circumstances.

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Of course, the subject needs broad approaches, from different angles, epistemological, political, anthropological, philosophical, economic, historical, legal, etc., including clear formats between “state” and “private” traditions and activities, their possible “connections”.

From a constitutional and legal point of view, in Brazil, the Federal Supreme Court (STF) has already been able to prove itself in relation to the practice of political classification of people by the state, giving semantic indications on this issue. There is talk of an allegation of non-observance of the fundamental precept (ADPF) 722. [2]which, although not appreciated with the horizon of “data protection” [3] which, in this case, requires an imperative approach to the information separation of powers and a proper information process. [4]is obtained as a paradigmatic example of what, in short, exposes.

It will not go into the details specified in ADPF 722, which turned out to be related to the issue of intelligence (data) of the state, within its scope and purposes.

However, a decision is cited which, judging by the aforementioned ADPF, concluded:

“The Court, by a majority vote, granted the request for non-compliance with the main rule confirming the injunction granted, declare unconstitutional acts of the Ministry of Justice and Public Security production or exchange of information about the private life, personal and political choice, civil practice of citizensfederal, state and municipal employees recognized as participants in the anti-fascist political movement, university professors and any other persons acting within the framework of the law, exercise your rights to freely express themselves, meet and unite, according to the terms of the speaker’s vote, Minister Nunez Marquez won. Dr. Gabriel de Carvalho Sampaio spoke on behalf of the amicus curiae Associação Direitos Humanos em Rede. Minister André Mendonsa expressed suspicion. Plenary session, virtual session from 05/06/2022 to 05/13/2022.

In particular, concerns about the political classification of people, in this case carried out by the state, can be drawn from the court decision. There is a legal starting point that requires reflection.

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Similarly, as stated above, private activities aimed at providing digital political marketing services sometimes use the processing of personal or non-personal data (that’s a different discussion) and their intersectionality characteristics to infer political “content” from “its users”, therefore classifying them like “x”, “a”, “b”, “c”, or “y”. Is this constitutional/legal practice? What are the risks of this? Are there any reports of impacts on this way of processing data? Do these reports meet the basic requirements? What are they? Can the requirements for Brazil, the US, Germany, China or France, for example, be treated with the same caution? Doctrine aside, associations, citizens, etc., should public authorities be concerned about this (and should they be?)? Is it possible to “avoid” the normativity of the LGPD and the Constitution (EC 115, Article 5, LXXIX) by “anonymizing” personal data? [5] In addition to other questions that may be raised, it is centralized: what are the necessary guarantees for the observance of the normative nature of the fundamental human right to the protection of personal data in this context?

The present, in its superficiality, may represent involuntary and willful exaggerations, but a topic that has already been approached by the best hands can no longer be ignored, because, as the decision of the Federal Constitutional Court of Germany from 1983, quoted in many possibilities, says, this does not mean that it cannot be forgotten no more “minor” data in the context of electronic data processing” [6]. If this text can be assigned a reminder function to this message, its assignment will be fulfilled.

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Lucas Rexigel Weschenfelder is a lawyer with a PhD in Law at the Pontifical Catholic University of Rio Grande do Sul (PUC-RS) and a member of the Study Group on Fundamental Rights and the Study Group on Data Protection in a Democratic Rule of Law. , artificial intelligence and law.

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Elenildo’s political legacy in Alagoas politics can be traced back to her sister-in-law, Correio dos Municipios

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Mozabel intends to salvage his late father-in-law’s seat in the Federal Chamber. She’s the favorite at your party

In 1999 and 2006, Palmeira dos Indios figured prominently in state and even national politics, holding representation in the National Congress. At that time, Elenildo Ribeiro was elected federal deputy for two terms, and the municipality became one of the most important positions in Brasilia. Now, 16 years later, Palmeira will again be able to occupy one of the nine Alagoas seats in the Federal Chamber. . Mozabel Ribeiro, Elenildo’s nurse and daughter-in-law, put her name up for discussion with a clear goal: to represent the city and work to find resources that will improve the quality of life of the population.

With a door-to-door and face-to-face campaign, as the candidate herself likes to say, Mozabel won more and more supporters and sympathizers, the possibility that Palmeira would get a woman as a federal candidate for the first time in her history took several days to form. back. I have my own political projects, my own ideas to help Palmeira and the entire state. As a federal deputy, I am sure that I will work hard for this people, whom I love so much and who need someone to fight for them, ”said Mozabel. As a deputy, Elenildo guaranteed the treatment of patients with chronic kidney disease requiring hemodialysis. He was responsible for the construction of the Kakamba Dam, helping to solve the severe water shortage problem at the time. Neo ICU was also the work of the Palmeirense parliamentarian, as was the construction of the Uneal campus: “I want to take the place that once belonged to my father-in-law, the late Elenildo. Because he left a great legacy to our city when he was a deputy. I was in Brazil next to you and saw up close all the resources sent and all the work thought out by the people of Palmeyra,” he commented. Mozabel is running for the Republican Party. The abbreviation can be made by two federal deputies. Nivaldo Albuquerque is running for re-election and has a good chance of winning. The second vacancy will be open and the main name is palmeirense.

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“I want to take the place that once belonged to my father-in-law, the late Elenildo. Because he left a great legacy for our city when he was an MP,” says Mozabel Ribeiro, who is warmly welcomed by the Palmeirense electorate.

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Editora Fórum publishes the book “Political Control of Constitutional Reform”

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Editora Fórum publishes the book "Political Control of Constitutional Reform"

Forum Publisher starts work”Political control of constitutional reform“, author Barbara Broom Neri. The book goes beyond the general discussion of judicial control and directs its analysis, critique and proposals for political control of constitutional reform with a contribution to the role of the National Congress as the guarantor of the legitimacy of the Constitution.

(Image: disclosure)

In a well-tailored work, one can trace the development of each theme, the reasoning being built, the detailing of the alleged, the component part of the reasoning, ideas and transitions to other topics.

According to the author, “the study aims to contribute to the rationalization of the due legislative process, revealing, through theoretical and empirical research, aspects of the functioning of the National Congress and its activities as a derivative body during the first 30 years of operation. Constitution of the Republic of the Federation of Brazil of 1988″.

The author makes a description and a deep theoretical and dogmatic analysis of the regimental legislative process of amendments in two legislative chambers – the Chamber and the Senate. And it goes further. When carefully analyzed, he shows the importance and use of the Internal Rules, how they define the legislature’s own institutional structure for the political control of constitutionality, and the manner and rationale for parliamentary action in the control of jurisdiction.

Moreover, this explains the unprecedented importance that the Judicial and Legislative Powers have acquired in social terms, arousing the keen interest of the population, which began to discuss a wide variety of legal and political topics – a growing and necessary discussion for building a participatory and just democracy, which also places the burden of filtering on the academy. information and the production of critical knowledge.

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___________

Barbara Broom Neri

Doctor of Public Law from the Pontifical Catholic University of Minas Gerais and specialist in procedural law.

__________

__________

Forum Publisher

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Rodrigo multiplies the transfer of political funds to the allies – 25.09.2022 – Poder

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Rodrigo multiplies the transfer of political funds to the allies - 25.09.2022 - Poder

São Paulo governor since April and candidate for re-election, Rodrigo Garcia (PSDB), has maintained the practice of his predecessor João Doria (PSDB), of whom he was deputy governor, to multiply transfers of political funds to serve parliamentarians.

From January this year to the end of July, according to data obtained through the Law on Access to Information (LAI), the administration of Rodrigo e Doria allocated 1.28 billion reais to deputies in the form of resources to supplement its political base with benefits such as jobs and expenses.with health.

Like last year, even federal deputies were noticed in an unusual action.

BUT Sheet revealed that Doria had authorized BRL 1.05 billion (BRL 1.17 billion as adjusted) for parliamentarians for the same period in 2021. In 2020, the amount transferred was BRL 182.9 million (BRL 213.7 million as amended).

There has been a leap promoted by Doria and Rodrigo in pivotal years, from the Toucan primary in 2021 and the election in 2022.

Among the 14 parties under consideration, 9 make up Rodrigo’s coalition. The first six positions in the budget rating are occupied by the legends of this allied group.

The Tucana campaign hopes that, with the support of the public machine, the actions of mayors and deputies of the interior will contribute to a turn that will take Rodrigo to the second round in this last stretch.

The governor scored 19% in the latest Datafolha poll, behind Fernando Haddad (Portugal) with 34% and Tarcisio de Freitas (Republicans) with 23%.

The transfer of this amount, called a parliamentary demand, follows the logic of additional or voluntary amendments. That is, payment is optional and occurs at the discretion of the Tukan government, which ultimately benefits the allied base.

Impositional amendments are mandatory and are distributed equally among the 94 state deputies. The cost, however, is well below the budget allocated to the Allies. This year, each deputy is entitled to about 6.6 million reais (about 620 million reais in total).

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The TCE (State Audit Court) in its analysis of public accounts for 2021 cited evidence of a political distribution of values, as well as a lack of control and transparency regarding transfers.

Toucan opponents see the use of public funds as an electoral trump card to win the support of mayors, deputies and parties, which could lead to suspicions of abuse of power or administrative offenses, lawyers say. However, the introduction of additional amendments is common and legal in the system of public administration.

Last week, Rodrigo’s campaign began distributing a newspaper listing the government’s accomplishments in each city.

State MP Carlos Giannasi (PSOL) has already proposed a CPI on the issue, but has not received the required signatures from peers. “They’re replicating the same practices that Bolsonaro did,” he says of the speaker’s amendments supporting congressional support for the chief executive.

“This is an open way of co-opting deputies. So the government can take such unpopular measures. And it works very well because the mayors depend on the amendments,” he says.

Also, according to Giannatsi, what he calls clientelism creates unequal competition in elections between grassroots MPs, who have more storefronts, and opposition MPs. PSOL, for example, did not receive additional money.

The government stated that the service to parliamentarians is legal and that the requests are subject to technical analysis. The press service said that the appeals are about claims sent for processing, and that “this does not mean that all of them were actually paid.”

Parliamentary demands have been filed in 639 of the state’s 645 municipalities. In the elections, Rodrigo enjoys the support of the majority of mayors – according to the campaign, 511 mayors and more than 2,000 councilors attended a rally in the capital on Monday (19).

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“Get up a little earlier and stay up a little later to ask for votes,” the governor urged while speaking at the event. “I need every one of you in your city,” he said. Rodrigo also stated that he would be able to find out who was on his side.

The resource was used by 59 state deputies and 24 federal deputies, including the chairmen of the parties (Podemos, Solidariada and MDB) that are members of the Tukano coalition. Federal MP Guilherme Moussi (PP-SP) received the most funds with 74.9 million reais. He did not respond to the report.

Even Rodrigo’s allies claim that there was an attempt to attract the PP. The party supports Jair Bolsonaro (PL) at the national level, but in São Paulo, instead of supporting Tarcisio, it has merged with the PSDB.

Among the state winners was Leo Oliveira (MDB) with 49.5 million reais. The MP says that he uses technical and transparent criteria to determine the amendments. “The indication of these resources was mainly for public health, […] affecting the efficiency of public service delivery”.

Haddad’s campaign coordinator, State MP Emidio de Souza (PT) donated 2.5 million reais, the same amount as other members of the PT. In total, PT received 28.6 million reais.

Emidio told Sheet that the MP’s task is to deliver resources to the cities, and that he indicated amendments to “requirements that the government did not prioritize”. “Fortunately, some of them have been taken into account, and who benefits from this is the population,” he says.

Abbreviations for the PT and Tarcísio coalition, such as Republicans (30 million reais) and PSD (25 million reais), are at the bottom of the rankings. At the top are PSDB (292.6 million reais) and União Brasil (215 million reais).

Rodrigo’s deputy, federal deputy Geninho Zuliani (União-SP), released 19.1 million reais. He also did not respond to the message.

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The cost of each demand varies from 15,000 to 20 million reais – two additional amendments to this amount were intended for federal deputy Renata Abreu (Podemos-SP). Renata’s adviser states that Podemos was already at the heart of the government before and that if she had “a prominent position in obtaining resources, this is synonymous with the effectiveness of the mandate.”

The details of parliamentary demands are not published by the government on the transparency portal. After being requested through LAI, management sent thousands of PDFs corresponding to each request – there is no systematization and public transparency regarding these data.

Last year, the data was published after only seven requests through the LAI and physically delivered. More than 5,000 sheets of paper had to be photographed for the reportage.

The transfer is legal, the joint venture government believes

The government stated that “legitimate assistance to elected parliamentarians” was not irregular and that “the newspaper reproduces the speech of the PT candidate”. “In his opinion, the government should stop serving the municipalities and paralyze payments that support medical services until the electoral process is completed.”

The government also says it evaluates demand proposals made by citizens, organizations or through representatives and mayors. “All requests are subject to technical analysis by the secretariats, which assess the possibility of service. The criterion is the public interest. The process is transparent,” he says.

The note also said that, as PT and the Republicans suggested, “it is not true that non-base parties are not served.” “It is impossible to make any comparison with 2020, an atypical and especially relevant year,” he concludes, referring to the pandemic.

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