A serendipidade na interceptação telefônica lícita: validade da prova encontrada fortuitamente

Abstract

The present research aims to study the validity of the evidence found fortuitously in the course of telephone tapping, a phenomenon known as serendipity. Firstly, the research studies the evidence in criminal procedure, with particular incursion into the analysis of illegal evidence and its admissibility in our legal system, including describing the theme from the standpoint of the theory of proportionality. Then addresses the Bill n. 9.296/96, which regulates the constitutional mandamus insert at the end of art. 5, item XII of the Federal Constitution of 1988, dealing with telephone communications interceptions. It critizes up relevant points of the aforementioned Bill, as well as examining the constitutional right to privacy in confrontation with the necessary fight against criminality. Guided by a literature survey and case, the search confirms the possibility – provided that certain criteria have been observed – of admission of an evidence result of serendipity in the criminal process.