TELEPHONE INTERCEPTION: FORTUITE DISCOVERY Gustavo Harwalis dos Santos, Silvana Amneris Rolo Pereira Borges

Abstract

In this article, we will focus on the concept of wiretapping, specifically on the possibility of its use to investigate crimes discovered through it. We will analyze the concept in light of the constitutional protection of the inviolability of telephone communications, as well as the crime of wiretapping without judicial authorization. It is worth noting that Article 5, item XII, of the Federal Constitution guarantees the right to the inviolability of the secrecy of correspondence and telegraphic, data and telephone communications. However, the constitutional text did not establish an absolute guarantee allowing the violation of this secrecy in specific cases and for specific purposes. The discussion is relevant when, after the communications have been legally violated, new crimes become known, related to the subject of the investigation or completely different. Doubt arises as to the lawfulness of using this evidence in the investigation of the new fact discovered. We will examine its admissibility hypotheses and requirements, as well as doctrinal and case law teachings on the subject.