Reconhecimento facial na segurança pública e o racismo estrutural: análise constitucional do Programa Smart Sampa (Decreto Municipal nº 63.552)

Abstract

This research conducts a critical analysis of the use of facial recognition technologies in public security, focusing on the case study of the Smart Sampa Program, established by the São Paulo City Hall through Municipal Decree nº 63.552/2024. The general objective is to investigate the compatibility of this public policy with the constitutional principles of equality, human dignity, and due process of law, based on the hypothesis that the system contributes to the selective criminalization of Black people and reinforces practices of structural racism under the guise of technological neutrality. The methodology adopted is predominantly qualitative, with an explanatory and descriptive character, and a hypothetical-deductive approach. The research is based on a bibliographic review of authors such as Foucault, Deleuze, and Silvio Almeida, as well as on documentary analysis of decrees, official reports, decisions of the Brazilian Supreme Federal Court, and data obtained through the Access to Information Law. Six months of the program’s operation (11/21/2024–05/21/2025) were examined, whose results showed technical inconsistencies, lack of specific legislation, and evidence of racial selectivity in the approaches carried out, aggravated by the racist bias present in facial recognition algorithms. It was found that the massive collection of biometric data without informed consent, combined with opacity in data management and the reproduction of discriminatory algorithmic biases, compromises the constitutional legitimacy of the Smart Sampa Program and threatens the effectiveness of the fundamental rights enshrined in the 1988 Federal Constitution. In this sense, the research seeks to contribute to the academic and legal debate on the constitutional limits of algorithmic surveillance in contemporary Brazil, highlighting the urgent need for regulatory frameworks capable of ensuring the protection of fundamental rights in the face of the expansion of security technologies