Telephone calls interception and illegal evidence

Abstract

Telephone calls interception has proven effective in fighting crime in general. Brazilian law, however, requires several procedures in order to accept this evidence as legal and allowed in court. Constitutional aspects, expert opinion and jurisprudence of Brazil´s Supremo Tribunal Federal (1993/2001) were analyzed, when the author came to the conclusion that illegal evidence may be accepted in court, only to benefit the defendant. The judge´s verdict may even be void if it is based on illegal evidence, to condemn the plaintiff. The author also concludes that this is a controversial matter and it is being further analyzed by renowned authors and by the superior tribunals, in order to make its acceptance more flexible, thus fighting crimes more effectively. Keywords: Phone interception. Evidence.