Encryption and constitutionality control: the Supreme Court's judgment on WhatsApp blocking from the perspective of Digital Constitutionalism
Encryption; Judicial Review; Digital Constitutionalism
This thesis investigates the submission of legal controversies surrounding Digital Information and Communication Technologies to the control of constitutionality by the Judiciary, taking as a case study the provision of end-to-end encryption in instant messaging applications as opposed to the handing over of instant messaging content to public authorities for the purpose of aiding criminal investigations. The central question is what places the Federal Supreme Court as a decision-maker for this type of legal challenge. Is this a circumstantial issue in Brazil, due to an obstacle in the political field, or is it a recurrence, which can also be seen elsewhere in the world? How has the controversy been resolved in other countries?