Banca de DEFESA: Paulo Rená da Silva Santarém

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Paulo Rená da Silva Santarém
DATE: 18/07/2025
TIME: 09:00
LOCAL: https://meet.google.com/jwc-baes-iku
TITLE:

Digital constitutionalism and encryption: the WhatsApp blocking trial in the context of the Brazilian Supreme Court's jurisprudence on digital law issues

KEY WORDS:

Encryption; Judicial Review; Digital Constitutionalism

PAGES: 180
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis investigates the conditions under which the Federal Supreme Court has the role of exercising constitutionality control over court orders to suspend WhatsApp in Brazil, in the light of the theory of digital constitutionalism and in view of the regulatory options for this public policy issue, which has seen the maintenance of end-to-end encryption technology in instant messaging applications opposed to the delivery of chat content to public authorities in order to assist criminal investigations. First, the systematization of knowledge about how the Constitutional Court produces its decisions in relation to the challenges arising from digital information and communication technologies presents the historical perspective of the information society and the ideology of digital constitutionalism as theoretical tools, in order to observe the conceptual panorama of so-called digital law. Next, the analysis takes as its object of study the in-depth observation of the Court's jurisprudence on a wide selection of digital law issues submitted to constitutionality control by the STF, both diffuse and concentrated. It then explains the basic concepts of encryption and the complex legal debate surrounding this technology, and goes on to describe ADPF 403 and ADI 5527 in detail, from the previous blockades of other Internet applications, through the four orders to block WhatsApp and up to the votes already cast by Justice Edson Fachin and Justice Rosa Weber. In the end, four main conclusions are consolidated: the concept of digital law, the relevance of Digital Constitutionalism, the normative instability regarding encryption and the expectations for the judgment of ADPF 403 and ADI 5527 by the STF, distinguishing the hypothesis of a breach of strong encryption from the other situations underlying judicial blocking orders.

COMMITTEE MEMBERS:
Presidente - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Interna - 2279451 - ANA CLAUDIA FARRANHA SANTANA
Externo à Instituição - DANIEL AUGUSTO VILA-NOVA GOMES - UFCG
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Externa à Instituição - MONICA STEFFEN GUISE - FGV