http://lattes.cnpq.br/9181888919420679; FRANÇA., Lucas José Alves de.
Resumo:
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.