Interceptação telefônica e sua admissibilidade constitucional

Abstract

The present work will deal with Telephone Interception and its Admissibility of the Evidence Produced and will analyze, both in doctrine and in Jurisprudence, the applicability of the Law, based on Fundamental Rights and Principles, seeking the requirements for granting the interception, which the means of evidence obtained and, if it is possible to use illicit evidence in Brazilian Criminal Procedural Law. Evidence is obtained so that the judge can be convinced, as well as exercise what is established by law. In many cases, the evidence obtained is illicit, making the Proceedings time consuming instead of swift and, even, cases in which the Magistrate extends an unjust sentence, since he was convinced by an illicit evidence presented in the case file. The purpose of Telephone Interception is criminal investigation, or criminal procedural instruction, and must observe the form that the law establishes for its realization. Telephone Interception is an important means of obtaining evidence in the Criminal Procedure both in the preparatory phase and also in the incidental phase of the process. Therefore, the justification for studying the subject in question is verified through the different challenges in the fulfillment of measures to be used in an investigation, in which they are places of production and, reproduction of crimes, in particular the issues, in the case specific, of legal and illegal evidence in a process.