Google Street View in Brazil

Until today, the navigation system of Google Street View for cities in Brazil is not available yet. Besides being some of the cities already photographed, the company did not published these pictures, what is expected to happen in the middle of this year. Because of the absence of a material incident involving this system under the brazilian jurisdiction, most of the times the technical discussions about this theme take the procedures, which other countries have taken to face the situation, as an example. The brazilian law is not prepared as well to handle with some specific civil relations through the internet. Today there is a great effort by the Brazilian Government to approve what is so called ‘Civil Mark for the internet in Brazil’, creating even a website to promote this discussion. On the other hand, the Brazilian Constitution is directly applicable to the concrete cases, reserving fundamental rights and guarantees as shown in the Article 5, X:
‘Article 5. All persons are equal before the law, without any distinction whatsoever, Brazilians and foreigners residing in the country being ensured of inviolability of the right to life, to liberty, to equality, to security and to property, on the following terms: (…) X - the privacy, private life, honour and image of persons are inviolable, and the right to compensation for property or moral damages resulting from their violation is ensured;’

Dr. Tulio Vianna, from the Universidade Federal de Minas Gerais, considering what the new technologies resources could represent to the privacy violation, even defended in his book Transparência Pública, Opacidade Privada (‘Public Transparency, Private Opacity’) the inclusion of the right to privacy as one of the fundamentals of the democratic state of law. In the special case of Google Street View, there is no illegal behavior if a company or a person goes to the street and photograph what is public ...

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