Between August 21-23rd, the third edition of the International Congress on Fundamental Rights and Criminal Process in the Digital Era took place. The event, organized by InternetLab and has the institutional support of the Faculty of Law of the University of São Paulo (FDUSP).

This year, the congress followed its purpose of promoting debates on the intersection between criminal process and technology, while also approaching with particular attention the applicable beacons and guarantees regarding criminal investigations in the digital era. The use of mass surveillance technologies and the growing collection and use of biometric and genetic data in criminal justice and public security polices were the main topics.

During the event, InternetLab released the second volume of the book that gathers articles about the topics discussed by speakers during the congress’ 2018 edition. Among them are Rafael Custódio (lawyer @ Conectas), Manuel Valente (Professor @ Universidade Autônoma de Lisboa), Kátia Maria Amaral Jangutta (Associate Judge @ TJ-RJ), Jacqueline de Souza Abreu (Lawyer @ BFBM Advogados and Ph.D student @ USP), researcher Gisela Aguiar, Rafael Marcondes (Chief of Police and professor @ Acadepol), in addition to Dennys Antonialli (director @ InternetLab), Nathalie Fragoso (Privacy and Surveillance head of research @ InternetLab) and the researcher Maria Luciano.

The book “Fundamental Rights and Criminal Process in the Digital Era – Principles and Practices in debate (vol. 2)” can be downloaded in simple or double-page [in Portuguese]. The work in under Creative Commons CC BY-NC-SA 4.0 BR license, which allows others to remix, adapt, and create derived work from the original, as long as it does not have commercial purposes, the due credits are given to the authors and license the new creations under the same guideline.

The vol. 1, released in 2018, about the congress’ 2017 edition is available here [in Portuguese].

Summary

INTRODUCTION BY THE EDITORS
> Dennys Antonialli e Nathalie Fragoso

PREFACE: CRIMINAL PROCESS IN THE STREETS OF BRAZIL
> Rafael C. G. Custódio

THE RIGHTS AND GUARANTEES OF INVESTIGATED CITIZENS IN THE DIGITAL ERA
> Manuel Monteiro Guedes Valente

ACCESS TO DATA STORED IN MOBILE DEVICES FOR INVESTIGATION PURPOSES: THE LEGALITY OF EVIDENCE AND THE JUDICIARY BRANCH
> Kátia Maria Amaral Jangutta

THE TREASURE CHEST TALE: THE EXPANSION OF SURVEILLANCE AND THE POPULARIZATION OF SMARTPHONES IN BRAZIL
> Dennys Antonialli and Jacqueline de Souza Abreu

ACCESS OF POLICE AUTHORITIES TO SMARTPHONES DURING SEARCH AND SEIZURE: EXECUTIVE SUMMARY
> Nathalie Fragoso and Maria Luciano

PRIVACY AND CITIZENSHIP: THE JURIDICAL LIMITS OF THE INVESTIGATIVE ACTIVITY AND THE LEGALITY OF POLICIAL ACCESS TO SMARTPHONES
> Gisela Aguiar Wanderley

ACCESS TO ELECTRONIC DEVICES AND THE DUE LEGAL INVESTIGATION
> Rafael Francisco Marcondes de Moraes

WHATSAPP’S “MIRRORING” TECHNIQUE FOR OBTAINING EVIDENCE: A REVIEW OF THE SUPERIOR COURT OF JUSTICE DECISION ON HC 99.735-SC
> Dennys Antonialli and Nathalie Fragoso