Security and Information Society

Abstract

Currently, the right to security is affirmed as a fundamental right in the most diverse legal and state systems. This is particularly observed in the Constitution of Brazil, which prescribes, in the wording of its article 5, that “All are equal before the law, without distinction of any nature, guaranteeing Brazilians and foreigners residing in the country the right to inviolability of the right to life, liberty, equality, security and property, in the following terms” (BRASIL, 1988, s.p.). It is noteworthy that in the aforementioned Constitution, the fundamental right to security is found in the chapter alluding to rights, freedoms and guarantees. It is also noted, for relevance, that the Brazilian legal system establishes the dignity of the human person as a fundamental principle of the Democratic State of Law. At the international level, it is possible to perceive the positivization of the fundamental right to security in several legal diplomas that catalog fundamental human rights. The Universal Declaration of Human Rights (UDHR), originating from the United Nations – the highest body for discussing International Law – states in its article 3 that “Everyone has the right to life, liberty and security of person”. The same statement is reproduced in the International Covenant on Civil and Political Rights.