Reconhecimento facial e segurança pública: Lawethics by design como novo paradigma regulatório

Abstract

The rapid expansion of facial recognition technologies in public security has sparked intense debates about their impacts, particularly concerning the balance between innovation and the protection of fundamental rights. While most discussions focus on privacy risks and state surveillance, this approach—though legitimate—is limited. This thesis proposes a broader and more innovative analysis, examining facial recognition not only as a threat but also as a technological phenomenon that can be effectively shaped and regulated to benefit society. It also seeks to understand this technology as part of the emerging phenomenon of smart cities and the reconfiguration of the relationship between citizens, the State, and urban space in the digital age, where the boundaries between public and private become increasingly fluid, and individual identity undergoes new technological and social constructions. The study is based on the premise that the current regulatory gap in Brazil and several other jurisdictions not only generates legal uncertainty but also hampers the development of effective mechanisms to mitigate risks to individuals, due to the absence of regulation and lack of transparency in the operations of technology companies. Furthermore, the lack of an adequate normative framework undermines the effective use of emerging tools and technologies to promote values and the fundamental right to security. The research adopts an interdisciplinary approach, combining legal, technological, philosophical, sociological, and ethical aspects. The methodology is qualitative and exploratory, combining an in-depth literature review with normative analysis of the Brazilian legal system and comparative law. Technical reports, regulatory guidelines, and research from international organizations were examined to map trends and best regulatory practices for the use of facial recognition. The results show that the lack of specific regulation not only creates insecurity and risks for citizens but also hinders the strategic development of this technology for the benefit of the people. The study identifies international and national best practices and proposes an innovative regulatory model based on the concept of “Lawethics by Design,” which advocates incorporating ethical and legal principles from the outset of system development. The thesis concludes that regulation should not be seen as an obstacle but as a tool to drive innovation for the common good and ensure its safe and responsible use. It proposes concrete guidelines that not only strengthen mechanisms of control, transparency, and oversight but also foster technological advancement, encourage innovation, and bring together the brightest minds to lead effective and balanced digital governance. In this way, the study offers applicable solutions for both policymakers and the private sector, contributing to a regulatory model that balances efficiency and rights protection.