Investigação criminal e dados obtidos por telefones apreendidos: pode a polícia ter acesso as mensagens de whatsapp sem ordem judicial?

Abstract

The work sought to demonstrate the evolution of interceptions over time, and to demonstrate the purpose of its creation, addressed how some countries treat interceptions and a little of what it says in their legislation, as well as how interceptions are commonly used in the fight against crimes. trafficking, against criminal organizations and in the fight against terrorism, as well demonstrated by the American plan “Patriot Act”. The work tried to demonstrate the importance that the Federal Constitution of 1988 has with fundamental rights, and how these must be guaranteed, and how our constitution always seeks to fulfill this objective, without leaving room for impunity. It sought to present how the dictatorship influenced the development of federal constitutions in Brazil, how this period in which there were abuses against the human dignity of citizens, led to a search for a constitution that would guarantee these rights, in addition to demonstrating the relationship of the dictatorship with the intercepts. In addition, it aims to understand how the historical evolution of telephone interceptions took place, the technological advances of the cell phone and if it is possible, through the law of telephone interceptions, to obtain data from these cell phones and messaging applications, as well as WhatsApp. . In addition, he understood that although it is legally possible to obtain data through the interception of WhatsApp messages, in practice it is impossible to do so, since the company does not have the means to do so due to its end-to-end encryption. In addition, WhatsApp has a tool called Web WhatsApp, if it was possible through this to obtain data as evidence, since it is a different way of interception, because the Web tool, you have direct access to conversations and can influence them, being considered a hybrid evidence. Demonstrate the importance of the interception being authorized by court order, before being carried out, without seeking to use this method as a last resort, as it is a measure that violates fundamental rights, human dignity and their right to privacy, intimacy and data inviolability.