Interceptação telefônica e a Constituição de 1988

Abstract

This work examines all aspects of telephone interception in light of the Federal Constitution and the Law 9296/96. The main goal was to study the constitutional support that was given to wire tapping, and also the guarantees that limit its use, such as human dignity and the right to privacy. Thereafter, the study provides notes on the history of media and legislative developments relevant to the matter under consideration. Then, we seek to, initially, differ the all the telephone interception related institutes, and then analyze in detail the procedures for their implementation, especially, all the constitutional premises, legal requirements, judicial actions and the competent authorities, as well as the protection that the Brazilian Constitution brings for information obtained through this exceptional measure. Considering all these aspects, the study concludes by addressing the use of information obtained through the telephone interception of injunctive relief in a criminal investigation and criminal procedural instruction