Título: | PREDICTIVE POLICING AND CONSTITUTIONAL ASPECTS | ||||||||||||
Autor: |
FELIPE OLIVEIRA DE MORAES |
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Colaborador(es): |
JOAO RICARDO WANDERLEY DORNELLES - Orientador |
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Catalogação: | 01/JUN/2022 | Língua(s): | PORTUGUESE - BRAZIL |
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Tipo: | TEXT | Subtipo: | THESIS | ||||||||||
Notas: |
[pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio. [en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio. |
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Referência(s): |
[pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=59303&idi=1 [en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/ETDs/consultas/conteudo.php?strSecao=resultado&nrSeq=59303&idi=2 |
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DOI: | https://doi.org/10.17771/PUCRio.acad.59303 | ||||||||||||
Resumo: | |||||||||||||
Predictive Policing is a computerized algorithmic processing system that
uses a database and statistical analysis to predict a future criminal event. System
Little used in our country, but which is already in an advanced stage of operation
in developed countries such as the United States of America and China. The
system, which works based on criminal analysis, manages to foresee and prevent
crimes, avoiding offense to legal interests and the consequent reduction of
violence. This technology that has been implemented as a crime prevention
strategy, used by the Brazilian police, needs fine and systematic adjustments.
Even if in slow steps, actuarial criminal policies see this computer modeling
system as an important contribution to crime prevention. Parallel to this
technological advance, we have a growing legislative movement in the protective
dogmatics of fundamental rights regarding privacy, intimacy and data protection.
Thus, for a legal feasibility of this predictive policing system, its functioning must
be analyzed in correlation with the constitutional rights and guarantees involved
in the process. In this dissertation, we propose as a challenge, first, to collect
reliable information about the technological programs of criminal prediction made
available to public security and the technical-legal aspects involved. In a
dogmatic-legal approach, we analyze the constitutional rights related to the
operationalization of the system. Issues related to algorithmic discrimination and
social inequalities are sensitive topics addressed in the study, as the predictive
policing system, when poorly structured, can exacerbate social problems and be
inefficient in fighting crime. Its source of data, when poorly researched, can bring
about social discrimination and direct a policing that is born biased from the
beginning and applied with partiality. The very functioning of the system reveals
problems related to the management of personal data, intimacy and privacy, when
they go beyond the limits of reasonableness. Another aspect is related to
anticipated culpability, as the system classifies suspects and dispatches police officers to approach them even before any criminal activity occurs, only guided
by a technological device of artificial intelligence, based on statistical analysis.
The theories involved behind predictive policing software can still bring
ideologies according to the line adopted by the system developer, with arms, for
example, in zero tolerance policies and capitalist models of managing systems.
In an even more hidden face, we can observe with a keen eye, aided by the work
Discipline and punish: birth of the prison by Michel Foucault, that the State
sometimes uses the discourse of combating crime and inspection to carry out
social control and dominance of the masses. As the state is not obliged to be
isolated from the social system, without taking advantage of technological
advances, predictive policing can be an efficient tool in reducing crime and
violence as long as its operation is compatible with the legal system and does not
work to feed discrimination society, deepen inequalities and distribute injustices.
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