A obtenção de provas por meio da inteceptação telefônica: exceção da garatia constitucional.

Abstract

The right to maintain private conversations is based on Article 5, XII of the Federal Constitution, however due to the understanding that there is no absolute right, the legislature fixed a caveat on the device itself that protects the guarantee of inviolability of communications, granting space for the telephone interception in the criminal scope for the purpose of obtaining necessary evidence for the progress of an investigation that would not be produced by other means. That being said, the legislation advocates limitations to ward off the abusive and illicit employment of the 'break' of the confidentiality of communications, aiming to maintain the individual's intimacy and privacy. Thus, the present work glimpses elucidate the following problem: what limits does legislation establishes for the disruption of constitutional law in the use of interception as a means of producing evidence? Thus, the general objective of this thesis is to analyze the procedure and impacts of telephone interceptions against the constitutional right of communications inviolability, to achieve the scope that addresses the work was used the bibliographical and exploratory study with a qualitative approach and, bibliographic research and The exegetical-legal method as a procedure for elaborating research. Therefore, through a doctrinal explanation, supported by Brazilian, international and material legislation from the Jurisprudences of the Supremo Tribunal Federal (STF) and the Supremo Tribunal de Justiça (STJ), the work obtained as a result of the hypotheses that the existing legislation requires limits to The use of telephone interceptions under the risk of Ilicitude, infecting the importance of the judge competent in a prior consideration about the need for the mechanism in the face of preserving the confidentiality of communications, visualizing that after distorted the object of interception and propagated Midiactic vehicle carry out losses to the subject by exposure and offenses to his image, honor and moral, having as an example of this affirmative cases of the "Grampo do BNDES" and the Operação Lava-Jato, that were taken to STJ and STF for discussion of its legality. Concluding, the legal innovations that typify conducts for abusing the breach of the confidentiality of communications, together with the resolutions of the Conselho Nacional de Justiça (CNJ) try to stop the leaks of recordings, improving the legal system in the attempt to cover all the situations provoked by coping with telephone interception to avoid making it habitual, restricting the situations that allow its use, as it is exposed generically in the legislation itself.