Análise das decisões do Tribunal Constitucional no que toca à matéria dos Metadados

Abstract

This work is based on the analysis of the decisions of the Portuguese Constitutional Court regarding the topic of Metadata.

We will, briefly, analyze the concept of Metadata and its relevance, through an incursion into the arguments contained in the decisions 268/2022 and 800/2023 of the Portuguese Constitutional Court, taking note, as stated in the aforementioned case law, of the CJEU ruling called Digital Rights Ireland, which gave a new meaning to the decision and interpretation of our law n.º 32/2008, of 17/7, conservation of data generated or processed in the context of offering electronic communications services, with reference to articles 7th and 8th of the CDFUE, as well as the judgment contained in the SpaceNet decision, where the decision-making judgment is reaffirmed.

With this analysis, it’s verified that the discovery of procedural truth, follows the path of respect for rights, freedoms and guarantees. Even though such a message may not be well interpreted, today, we consider that this is, and always should be, the compass of respect for the dignity of the human condition.