O sistema de certificação digital brasileiro como ferramenta para efetivar o direito fundamental à informação no meio eletrônico

Abstract

The use of new technologies in the legal system has caused considerable changes. Information is now more valuable and must be protected by the state legislatures. Such protection becomes necessary because electronic information can be easily accessed, but privacy comes under risk. It became thus necessary to develop new ways to protect the right to information in order to make it safe and reliable. Such is the purpose of the information security systems. The most widely used systems employ electronic signature technology associated to the issue of electronic certificates by reliable third parties. This kind of system has been the most efficient in assuring the integrity and authenticity of the contents and authorship of electronic information. In Brazil, the Brazilian electronic certification system, or ICP-Brasil, is used. It was created by the Provisional Act nº 2.200-2/2001 based on a centralized, hierarchical open model that uses credentials from electronic certificates issuing parties. Those parties, public or private, assure the legitimacy and authorship of electronic information in private legal relations, as in electronic contracts, or in public relations involving the government. Therefore, the aim of this study is to analyze the legislation established by the Brazilian legal system for the activity of electronic certification, with special emphasis to its constitutional aspects, in order to present solutions and assure the security systems offer efficient protection where electronic information is concerned. This critical analysis becomes necessary because it not only contributes to improvements in the model prescribed by the Brazilian government, but it also promotes digital inclusion with quality, which, in turn, will reflect in social benefits for the users. The bibliographical and descriptive research suggest the present electronic security system may start social changes in this effort to improve security of electronic information, although a greater commitment from the state is still necessary in order to encourage the use of electronic media as a general and efficient environment for the exercise of our fundamental rights.