Da prova produzida por escuta ambiental em escritório de advocacia durante o período noturno

Abstract

This explanation brings up a subject that, despite has been apparently touched by the brazilian constituent of 1988, incites great and endless disagreements in the Law enviroment. In this vein, we discuss the possibility of using evidence produced by ambient listening in law firms during night. In this way, we intend to investigate if evidence produced in these conditions would result in incompatibility with the current constitutional text, whether for the apparent home professional inviolability or the possibility of breaking the secretiveness that girds the craft of advocacy. The investigation that was carried out in making this simple article is embarked on two major and diametrically opposed thesis: the first, based on the solid exegesis of the Constitution, argues that the home sanctity of law firm, overnight, can only be hampered by the cases referred in his text, namely, to provide assistance or in cases of ―flagrante delicto‖, at the same time that regards respect for the confidentiality of the data deposited in the lawyer, not covering the subject now debated; the second line, in turn, allows some flexibility in the production of evidence ―in loco‖ throughout the night period, as well as mitigates the secrecy that houses the data collected in the exercise of that profession, according to the circumstances of the case. Eventually, this short article intends to contribute to the enlargment of this polemic and interesting subject, that remains practically untouched not only inside academic and doctrinaire levels, but mainly inside our courts, which lacks of decisions that have faced, directly or indirectly, the temathic here debated.