Facial recognition in brazilian public security

Ethical challenges, regulatory gaps and proposals for a National Legal framework

Resumo

This article critically examines the regulatory and ethical challenges involved in the use of facial recognition (FR) technologies in Brazilian public security. The investigation is based on a systematic literature review and documentary analysis, revealing a significant regulatory gap. This void compromises not only the protection of personal data but also institutional transparency and the legitimacy of the state's use of such technologies. In a country historically marked by deep social and racial inequalities, the risks associated with algorithmic discrimination, indiscriminate surveillance, and violations of fundamental rights become even more concerning. The study seeks to understand how different countries have addressed these issues, drawing on regulatory models adopted in the European Union, the United States, and China. Based on this comparative analysis, the article proposes guidelines for the development of a national regulatory framework that promotes ethical and responsible governance of technology. Key elements include the implementation of audit mechanisms, oversight by independent bodies, and commitment to the operational efficiency of security forces. The conclusion is that Brazil must adopt a flexible regulatory model guided by principles such as proportionality, transparency, and accountability, ensuring a balance between technological innovation and the protection of constitutional rights and guarantees.