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The Brazilian Federal Supreme Court will discuss whether access to cellular data found at the crime scene violates phone confidentiality

Monday, November 27, 2017

The Brazilian Federal Supreme Court (STF) recognized, through the Virtual Plenary, the existence of a general repercussion in the matter dealt with in the Extraordinary Appeal with interlocutory request (ARE) 1042075: the lawfulness of evidence resulting from an investigation carried out by the police authority on a cell phone found at random at the crime scene and the occurrence or non-existence of a violation of the secrecy of communications in accessing the telephone directory and recording of calls without police authorization.

The appeal was filed by the Rio de Janeiro Public Prosecutor's Office (MPE-RJ) against a decision of the State Court of Justice (TJ-RJ), who acquitted, in the judgment of appeal, G.C.F., convicted in the first degree for robbery with the presence of two aggravating circumstances, for the use of firearms and the joinder of defendants. He threatened and assaulted a woman who left a bank branch to steal her purse, and when he got away on a motorcycle, a phone crashed and was picked up by civilian police who found in the device's memory photos that guided the proceedings that resulted in his identification and arrest on the following day.

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