As gravações telefônicas e ambientais no processo penal brasileiro à luz do direito fundamental à privacidade

Abstract

This thesis aims to analyze the environmental and telephone recordings as valid means of proof in criminal proceedings, and counter such media with the fundamental right to privacy. We seek to understand how does the analysis of these means of obtaining evidence against the Brazilian constitutional law, which considers as invalid all evidence obtained by unlawful means. After all, there is in Brazilian law no legal provision that governs such individuals, so that doctrine and jurisprudence catching a debate on the subject. Thus, research faces the consistent difference in whether these recordings may be used as lawful evidence, without affecting the right to privacy and the privacy of the individual being recorded.