Direito à intimidade e a vida privada: aplicabilidade da quebra de sigilo telefônico diante do avanço tecnológico da sociedade da informação

Abstract

This monograph aims to study the Iegitimacy of telephone interception and telematic data as a factor in relativizing the principles of intimacy and private life, analyzing its application in light of the Federal Constitution as well as the Interception Law No. 9,296/96 which was created as a complementary device to the gaps left by the original Iegislator in section XII of art. 5th. It will be based on bibliographical surveys of authors and jurisprudence that address the topic, divided into 5 chapters. The work deals with the right to privacy as a fundamental right since its emergence and its historical evolution to be modified and reach today's standards. It also analyzes the legal and principled issues surrounding the topic and the legal Ioopholes that attempt to break the ideological limit of these principles and gain access to the protected content. A verification and discussion was carried out regarding the non-peremptoriness of the secrecy of communications and how the means of obtaining evidence, which violate this principle, can be applied in a legal manner, preserving as much as possible the intimacy of private life and the right to privacy, Also presented is a brief presentation and the advent of Law No. 12,965/2014, also called the civil Iandmark of the internet, which introduced regulations for the protection of all data and information that are published on the internet. Furthermore, the device capable of relativizing the absolute nature of the constitutional norm that guarantees the protection of the right to privacy and non-infringement of communications, which is the breach of data confidentiality, and the legal prerequisites for granting this authorization will be presented. Due to the importance as well as the extension of the topic, it is not intended to exhaust the possibilities of analysis and application, even due to its characteristic of adapting to the values of society and the reality of the contemporary system, seeking ways to prevent actions that violate fundamental rights and guarantees. as well as the preservation of the right to public security and the maintenance of social peace. In conclusion, we can highlight that the reality of the information society driven by the advancement of technologies needs to be taken into consideration by thinkers and legal operators so that there is an adjustment between technological reality and legal reality.