A interceptação telefônica como meio de prova no combate às organizações criminosas

Abstract

One of the main characteristics of criminal associations is their ability to adapt illicit activities to social changes, using sophisticated methods to that end, in line with corporate management policies. In this sense, some criminal investigation tools are relevant in tackling criminal groups of this nature. Among which is the interception of telephone communications, being an important means of obtaining evidence, especially today, where we witness a technological revolution in which services, data flow, values and information are transmitted, mostly, through telematic devices, spoken and written, used, including, by criminal associations. Therefore, this article, based on the theoretical basis, connected to factual contexts, exposes, through theoretical-bibliographic discussion and qualitative research, the circumstances of the emergence of criminal associations, their historical evolution and how to intercept telephone calls it can contribute, correctly, to the dismantling of illegal associations, mainly through the phenomenon of serendipity and the consequent chance encounter of evidence. Furthermore, it seeks to discuss the legal limits of telephone interception and respect for the right to privacy, which is constitutionally enshrined.