ALMEIDA, Y. F.; http://lattes.cnpq.br/5017850769111951; ALMEIDA, Yuri Facundo de.
Resumo:
The debate about the telephone intercepts in Brazil is a source of great disparities
between various doctrines and jurisprudence. Based on this, this paper seeks to give
hermeneutical bases to the fundamental questions in this regard. It is known that the
fundamental rights and guarantees under the Constitution are injured when a phone
call is intercepted, but there are few similarities between the views on the extent to
which the State may intervene in the lives of its citizens and what property should be
protected preferably. Due to of the reviews it appears that Brazilian legislators are
unprepared with respect to the monitoring of new technologies that appear every
day. Thinking about it, we propose a discussion about the telephone intercepts that
are not acting in order to answer all questions, but showing the subject from their
various angles for only then we can reach a conclusion. In this sense, we try to, if not
find all the answers, at least put into question why it should be executed and how it
should be performed. Finally, we make a comparison to international law, showing
how different countries treat the subject.