Análise das possibilidades de devassa dos diversos conteúdos contidos no aparelho celular pela autoridade policial

Abstract

This academic study presents the problems in inquiry of the contents contained on cell phone devices (smartphones) granted by the police authorities, according to the constitutional and infra-constitutional principles, as well as the 3 (three) main dogmatic stances on the subject also presented. The main doctrinal currents related to the subject were examined, aiming, in addition to presenting them, at providing a critical analysis of them, demonstrating their interpretative differences, their main points and the problems brought individually. The research used mainly books, legal articles, legislation, being, therefore, a bibliographic research. Nonetheless, the issues addressed in this work are extremely complex, making it necessary to also examine the jurisprudence, mainly, the current incident of general repercussion that is being processed in the Federal Supreme Court, where the votes of the Ministers, already rendered, are examined in order to seek a jurisprudential pacification and to identify the problems and possible solutions, for better adaptation of the problematic to the norms put in place, as well as to allow a better and fairer provision of judicial protection.