DIREITO À VIDA PRIVADA E INTERCEPTAÇÃO TELEFÔNICA

O PROBLEMA DA FUNDAMENTAÇÃO E SUA EVOLUÇÃO NO BRASIL

  • Paulo Adaias Carvalho Afonso
  • José Renato Hojas Lofrano
  • Vanessa Siqueira Melo Universidade Federal de Mato Grosso
  • Fábio Ricardo Trad Filho

Abstract

This paper analyzes the right to privacy in telephone communications in light of International Human Rights Treaties and the 1988 Federal Constitution of Brazil. It aims to examine the grounds required for the use of telephone interception as a means of obtaining criminal evidence, in order to reconcile it with the fundamental right to security and prevent arbitrary state interference. The deductive approach and bibliographic research methods are adopted, based on the analysis of scientific articles, books, case law, International Treaties, and domestic legislation. As results, the case Escher et al. v. Brazil (Case No. 12.353), decided by the Inter-American Court of Human Rights, and RE 652.263/PR (Theme 661), decided by the Brazilian Federal Supreme Court, are comparatively examined. It is concluded that restricting the privacy of communications is legitimate only when exceptional, proportionate, and specifically reasoned, thereby protecting human rights and preventing arbitrary interference.

Published
2026-08-31
Section
Ciências Sociais Aplicadas