Provas ilícitas: uma análise crítica das interceptações telefônicas.

Abstract

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.