QUEBRA DE SIGILO: a (des)necessidade de autorização judicial para acessar o conteúdo de aparelho celular apreendido

Abstract

The present work deals with the break of telephone secrecy and the need for judicial authorization to access the contents of the seized electronic device. Initially, the research addresses the fundamental principles, as well as the origin and dimensions of them, since such subject is essential to the main theme. Subsequently, the tests are treated in a peculiar way, dealing with concepts, origins, systems and purpose. A specific chapter is to treat the principles inherent in material proof. Lastly, the breakdown of telephone secrecy is the subject of the last chapter, where one has a study of the purpose of the police investigation, the difference between the break of telephone secrecy and telephone interception and the possibility of the Police Delegate to determine the breach of confidentiality and the collection of data inherent to the investigation without judicial determination.