Serendipidade no direito processual penal brasileiro: encontro fortuito de crimes e agentes nas interceptações telefônicas

• Autor(a) principal: Tuon, Vlademir Bada
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/7543
• topic: Interceptação telefônica; Fortuitos; Provas

The present work aims to analyze the validity of the fortuitous encounters coming from the telephone interceptions. These fortuitous, denominated by the foreign law of serendipity, do not have in Brazil any legal apparatus, being its applicability in the concrete case charge of the doctrine and the jurisprudence. Brazilian doctrine and jurisprudence divided the theme of fortuitous encounters into two species, the first degree serendipity and the second degree serendipity. It is spoken on first degree serendipity, when in the course of a criminal investigation, crimes or subjects of the investigated are discovered, however, these are linked to the fact of the investigation, either by connection or by continence, being considered as valid evidence to condemn the subject. With regard to second degree serendipity, this occurs when a new criminal fact or new subject is discovered and these are unrelated to the fact that was being investigated. In this case, the evidence sob tai ned will not be able to condemn the subject, serving only as criminal news, and it should e used as a bas is for deflagration of a new investigation. As the fortuity ousen count ersari sing from telephone interceptions directly violate the individual rights and guarantee es of the investigated subject, specifically, the secrecy of communications, the non-legal provision of admission makes such evidence fall within the classification of illicit evidences.