Interceptação telefônica - as limitações legais à atuação da polícia judiciária na atividade investigativa

Abstract

This research is an analysis of the telephone interception, its applicability as evidence and the statutory limitations and the principles for its implementation by the judicial police. It is an analysis of the limitations of the constitutional right to privacy and intimacy, which are directly affected by the interception of telephone communications. The judicial police, while carrying out investigations, makes frequent use of intercept evidence to establish that base any future criminal action. Regarding the issue of production and admissibility of evidence, the Constitution calls for the sealing of evidence obtained illegally, and the doctrine and jurisprudence, so majority, adopted the view of the relativization of the constitutional text, based on the principle of proportionality, that should be the guiding both of the issues involving the admissibility of evidence about the illegal decision of the magistrate authorizing the execution of telephone interception.