Interceptação telefônica e a medida prospectiva

Abstract

This research project aims to address the importance of evidence in the context of Brazilian criminal proceedings, more specifically in telephone interceptions. Due to the legislative gap, regarding the time lapse in its extensions and its importance in the evaluation in the criminal scope, as well as the full conviction of the judge, when sentencing, based on evidence collected through telephone interception, that the exploration of the subject itself, in the search for the real truth or procedural truth. We approach concepts of evidence in criminal proceedings and a brief history of telephone interception. In a more specific approach, the project seeks to demonstrate that the exacerbated use in long interceptive periods of communication, thus defined, as telephone interception by prospecting, which is contrary to basic principles of the Constitution, as well as its use is inadmissible in the national legal system.