A legal basis and a defined purpose must exist before collection or use.
Title IV · person before system
Digital rights, data, automation and autonomy
The constitutional proposal treats public technology as infrastructure subordinate to rights. Identity, data, biometrics and automation may expand access and state capacity, but they may not turn a person into a profile, score, permanent target or unchallengeable output.
Proposed Constitution · reference text · not promulgated
In brief
Technology may perform public functions; it may not redefine who the person is or which rights the person holds.
Arts. 73 to 91 form a constitutional block of digital rights: access to and correction of data, purpose limitation and minimisation, compartmentalisation, biometrics with alternatives, mental autonomy, portability, pseudonymity, limits on high-impact automated systems, explanation, effective review, security, incidents and international transfers. Privacy and surveillance also connect to Arts. 55, 56 and 319.
From data to decision: five control points
The constitutional design first examines the legitimacy of the purpose, the necessity of the data, the decision-making authority, the means of challenge and continuity without technological dependence. Technical sophistication comes afterwards.
Only the data and attributes necessary for that function.
Automation assists; the competent authority remains responsible.
A sufficient explanation, effective review and appeal.
Portability, audit records, recovery and provider exit preserve rights.
Twelve safeguards to explore in depth
PrivacyPrivate life, communications, digital spaces and state access.Your dataAccess, correction, origin, purpose, recipients and transfers.MinimisationCollect and disclose only what is necessary.IdentityRoot Identity without a universal public identifier.Automated systemsAutomation, algorithms and institutional accountability.High impactClassification, registration, assessment, audit and limits.Effective reviewExplanation and challenge procedures that can actually change the outcome.BiometricsNecessity, alternatives and prohibition of indiscriminate surveillance.Personal autonomyCognitive liberty, neural data and limits on manipulation.SecuritySecurity by design, incident handling and continuity without erasing rights.PortabilityData and services that can migrate without losing provenance or authority.Surveillance and limitsPurpose, warrant, minimisation, time limits and independent oversight.
Digital rights are not an “optional layer”
When a public function depends on software, rights enter the architecture itself: audit records, decision trails, version control, alternative identity channels, migration capacity and effective review form part of operational validity. Art. 90 prevents a choice labelled “technical” from escaping legal safeguards when it produces a material effect equivalent to restricting a right.
What this means for you
How this right appears in practice
You should be able to know when a relevant decision used automation and which routes exist to challenge it.
Failure of a credential, biometric method or provider should not turn a person who exists in law into someone unable to access essential rights.
Data collected for a specific public purpose does not automatically become raw material for profiling, advertising, general-purpose training or surveillance.
Implication for people who use Candeia
Within Sistema Candeia, digital rights must appear as properties of every flow: limited collection, traceability, information about automation, authentication alternatives, challenge channels, audit records and recovery. The system executes these safeguards; it does not receive power to reduce them.
Limits and institutional honesty
What this safeguard does not mean
The constitutional proposal remains proposed and has not been promulgated; this library describes the project’s constitutional architecture, not a state regime already in force.
Privacy is not absolute secrecy and does not prevent legally necessary data processing; it requires purpose, legal basis, proportionality, security and control.
An audit or impact assessment does not make a purpose lawful if the Constitution prohibits it.
How this function connects to Sistema Candeia
Enter Candeia OSRights follow you within Sistema Candeia
Within Sistema Candeia, digital rights must appear as properties of every flow: limited collection, traceability, information about automation, authentication alternatives, challenge channels, audit records and recovery. The system executes these safeguards; it does not receive power to reduce them.
Continue reading