THE EROSION OF TELEPHONE INTERCEPTION AS A MEANS OF EVIDENCE GATHERING IN BRAZIL

Abstract

The interception of telephone communications in the Brazilian legal system has long been considered an essential means of obtaining evidence. This practice, although authorized as an exception to the fundamental right of communication inviolability, has faced numerous challenges since its regulation in 1996. Legislative proposals, controversies, and even a congressional inquiry have marked its history. However, recent developments in alternative methods of obtaining evidence, such as rewarded cooperation, have overshadowed the significance of telephone interception. This shift is reflected in the diminishing interest of legal professionals, limited publications, and law enforcement's perception of its practicality. Nevertheless, it's important to emphasize that a lack of transparent data and official evaluation makes it premature to conclude that telephone interception has become obsolete. The true relevance of this practice remains subject to empirical examination.