Standards probatórios em interceptação telefônica: uma análise à luz dos direitos fundamentais

Abstract

Telephone interception is one of the most relevant tools for criminal investigation, particularly in cases involving serious crimes. However, its application requires a balance between investigative effectiveness and the protection of fundamental rights, especially those provided for in Article 5 of the Brazilian Federal Constitution. This work aims to analyze the evidentiary standards applicable to telephone interception, investigating to what extent Brazilian legislation and judicial practice ensure compatibility between the need to obtain evidence and the preservation of constitutional guarantees. To achieve this, the study examines the legal requirements for telephone interception in the scope of constitutional principles and the evidentiary standards required for its authorization, comparing the Brazilian approach with other legal systems. The research adopts a qualitative methodology based on doctrinal, legislative, and jurisprudential analysis. As a result, it is expected to contribute to the improvement of the regulation and application of telephone interceptions, ensuring that their use is guided by objective criteria and aligned with the protection of fundamental rights, promoting, in accordance with SDG 16, a more transparent, fair, and accountable judicial system