INTERCEPTAÇÃO TELEFÔNICA E A DISCIPLINA DA LEI Nº 9.296/96

Abstract

The present work analyze the telephone interception, both within the constitutional framework and under infra. Occurs before that comment related discipline applicable constitutional and legal matter, implies the need to conceptualize and differentiate what comes to the interception, listening and recording device, because only then can we understand the scope of permissive incidence of related constitutional interceptions of telephone conversations. After conceptualizing and differentiate recordings of telephone interception and wiretapping and environmental is to examine the constitutional treatment accorded to it, as well as Law No. 9.296/96, edited specifically to regulate the art. 5, Paragraph XII of the Constitution that exceptional secrecy of communications, and allowed its use for purposes of criminal investigation or criminal procedure. Also within the scope of Law No. 9.296/96 your art deserves. 10, which tried to solve the problems related to repress those who violated the secrecy of telephone communications, as this article was created for a specific type criminal conduct of those who in defiance of the law to intercept telephone communications as well as those who break the secrecy inherent the procedure of interception. Finally, we seek to present the main influences related to the criminal process, especially when it comes to matters pertaining to evidence, because the interception is evidence, and as suchundergoes discipline enshrined in the Code of Criminal Procedure.