The protagonism of information technology systems in telephone interception: the importance of the chain of custody

• Autor(a) principal: Santoro, Antonio Eduardo Ramires
• Data de Publicação: 2017
• Outros Autores: Tavares, Natália Lucero Frias, Gomes, Jefferson de Carvalho
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/76
• topic: Telephone interception; atypical means of obtaining evidence; IT companies; chain of custody; surveillance system.; Interceptação das comunicações; meios de obtenção de prova atípicos; sistemas de tecnologia da informação; cadeia de custódia; sistemas guardião e vigia.

Due to technological advances, new means of obtaining information have been brought up to the field of criminal procedure, among them, the interception of telephone communication. Law 9.296/96 has introduced new actors on to the probative subsystem that play a direct part on the production/gathering of information that may be taken in consideration by the judge. The inexistence of proper procedural regulation that delimitates the manner in which such investigation must be carried out, the defense finds grave difficulty to try and trace the source of the proof. Fearing the risks associated with the production of defective evidence, the present study focuses on the importance of the chain of custody as a mean to track and assure the reliability of set information. With the purpose of knowing the rite to obtain the data through telephone interception and the verifying its credibility, a theoretical-bibliographic study was carried out and combined with an analysis of the statistics on means of investigation of proof provided by the CNJ and, finally, followed by an analysis of the technology systems developed to carry out the interception of communications measure.