Sigilo de dados, interceptação telemática e direito fundamental à prova: um olhar sobre o hackeamento de dispositivos informáticos na operação spoofing

Abstract

This paper seeks to analyze the context of telematic interceptions in normative and practical terms, taking as a parameter recent discussions about Operation Spoofing. It begins with the study of data confidentiality and telematic interception in the Brazilian legal system. Ahead, it addresses the investigation of crimes in technological means and the procedures for requisition of computer data adopted by the judicial police and the prosecution. Finally, it makes a case study about Operation Spoofing, analyzing the achievement of evidence through hacking of computer devices and the possibility or not of validating the evidence obtained by fraudulent means by the defenses. The work is developed by the analytical-doctrinal method, collecting specialized doctrine with official documents, being supported by bibliographic and documentary technical procedures. In the end, it is concluded that the right of defense cannot be limited by the way in which the evidence embodied in a telematic data is obtained, with the presumption of innocence prevailing over the prohibition against illicit evidence.