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Lukas Weschenfelder: “Political categorization” of people



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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The dollar continues to reflect the political scenario



The dollar continues to reflect the political scenario

Yesterday, financial agents evaluated the opposite decision of the Federal Supreme Court (STF) regarding the so-called secret budget. In addition, a decision was made by STF Minister Gilmar Méndez to issue an injunction that would exclude the Bolsa Família from the spending cap rule, with investors trying to understand how this measure would affect the processing of the transitional PEC in the Chamber of Deputies. Oh this PEC!!!!

Since he is an exchange investor, any reading that the budget will be exceeded or become more flexible will negatively affect the exchange market, whether through the PEC or in any other way. We will continue with volatility today.

Looking beyond, the US Central Bank (Fed), although slowing down the pace of monetary tightening at its December meeting, issued a tougher-than-expected statement warning that its fight against inflation was not yet over, raising fears that rising US interest rates will push the world’s largest economy into recession.

The currency market continues to react to political news. The voting on the PEC is saved for today. It is expected that it will indeed be reviewed to open the way tomorrow for discussions on the 2023 budget.

Yesterday, the spot price closed the selling day at R$5.3103.

For today on the calendar we will have an index of consumer confidence in the eurozone. Good luck and good luck in business!!

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Andrés Sánchez consults with the Ministry of Sports, but refuses a political post.



The former president of the Corinthians dreams of working for the CBF as a national team coordinator. He was consulted shortly after Lula’s election.

Former Corinthians president Andrés Sánchez was advised to take a position in the Ministry of Sports under the administration of Lula (PT). However, he ruled out a return to politics. dreams of taking over the coordination of CBF selectionHow do you know PURPOSE.

No formal invitation was made to the former Corinthian representative, only a consultation on a portfolio opportunity with the new federal government, which will be sworn in on January 1, 2023.

Andrés was the Federal MP for São Paulo from 2015 to 2019. At that time he was elected by the Workers’ Party. However, the football manager begs to stay in the sport, ruling out the possibility of getting involved in politics again.

Andrés Sanchez’s desire is to fill the position of CBF tackle coordinator, which should become vacant after the 2022 World Cup. Juninho Paulista fulfills this function in Brazil’s top football institution.

The former president of Corinthians was in Qatar to follow the World Cup along with other figures in Brazilian football. During his time in the country, he strengthened his ties with the top leadership of the CBF.

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The EU has reached a political agreement on limiting gas prices – 19.12.2022



Germany sentenced Russian to life imprisonment for political murder by order of Moscow - 12/15/2021
BRUSSELS, DECEMBER 19 (ANSA). European Union countries reached a political agreement on Monday (19) to impose a natural gas price ceiling of 180 euros per megawatt hour (MWh). The main sources of income for Russia and the minimization of the use of energy as a weapon by the regime of Vladimir Putin.

The agreement was approved by a supermajority at a ministerial meeting of member states in Brussels, Belgium, after months of discussions about the best way to contain the rise in natural gas prices in the bloc caused by Russia’s invasion of Ukraine. .

The value set by the countries is well below the proposal made by the European Commission, the EU’s executive body, in November: 275 EUR/MWh. However, the countries leading the cap campaign were in favor of an even lower limit, around 100 EUR/MWh.

Germany, always wary of price controls, voted in favor of 180 euros, while Austria and the Netherlands, also skeptical of the cap, abstained. Hungary, the most pro-Russian country in the EU, voted against.

The instrument will enter into force on 15 February, but only if natural gas prices on the Amsterdam Stock Exchange exceed 180 euros/MWh for three consecutive days. In addition, the difference compared to a number of global benchmarks should be more than 35 euros.

Italy, the EU’s biggest supporter of the ceiling, has claimed responsibility for the measure. “This is a victory for Italy, which believed and worked for us to reach this agreement,” Environment and Energy Minister Gilberto Picetto tweeted.

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“This is a victory for Italian and European citizens who demand energy security,” he added.

Currently, the gas price in Amsterdam is around 110 EUR/MWh, which is already a reflection of the agreement in Brussels – in August the figure even broke the barrier of 340 EUR/MWh.

However, Russia has already threatened to stop exports to countries that adhere to the ceiling. (ANSA).

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