Alexa, uma espiã silenciosa: a (im)possibilidade da submissão das assistentes virtuais ao processo penal brasileiro no desígnio da persecução penal probatória

Abstract

This monograph is the result of an investigation about the usage of Alexa to search for the real truth of a Criminal Prosecution. Due to the immateriality in which the Society of Information lives, there is a dependence as a reflex of the popularization of Virtual Assistants, such as Alex because of its omnipresence. Thus, it would not be unusual that the Virtual Assistant of Amazon witnessed a crime scene. In that sense, how could Alexa assist in the search for the real truth as a means for the penal proof? On the other hand, there is a concern about the fundamental rights that would be violated, specially in the aspects of privacy, intimacy and the informative self determination, besides the concern about the criminal prosecution, which nowadays follows traditional ways. Therefore, the main goal of this research is to comprehend if virtual assistants can be used for Criminal Prosecution, considering the rules of criminal prosecutions and preservation of fundamental rights of the imputed. Consequently, the scientific method applied was deductive together with exploratory research and bibliographical research. It is important to highlight that due to the context lived by contemporary society, it is urgent to create a guarantor base as scope to protect personal data because of the daily technological evolution, which creates new means to verify facts. It is not rare to find individuals among an inadvertent and evidentiary production, harming their right of no self-incrimination in an unconscious manner. Thus, the need of consumption results in a skepticism before the risks brought by technologies of information, in a way that users accept usage term conditions without knowing what they are abdicating. However, even when users know the risks, they prefer to ignore them to fit in the society of information. What occurs is that the acceptance of those contracts limit data processing, which makes it essential to observe the goal of users consentment, according to the constitution of data protection. In that sense, it is possible to infer that the usage of Alexa as a means of proof in a criminal prosecution would be a usurpation of consentment. In contrast, when the imputed give in the records for self defense there is no violation, once it was disposed of through free and conscious will. Yet, due to the ubiquity of the practices of vigilance evidenced in the society of information, it cannot be negated that Alexa really is a silent spy.