GUIMARÂES, Michel da Silva; ROCHA, Theotonio Ribeiro Junqueira; FELIX, Danielle Rodrigues
Abstract:
This research aims to understand the main debates and jurisprudential understandings
regarding the legal requirements for the relativization of the protection of privacy and
private life that has developed in the digital world. To this end, a jurisprudential analysiswas conducted to find the foundations that legitimize state access to personal data,
especially data stored on mobile devices and accessible through digital platforms
(stored in the cloud). Thus, this work analyzed the main debates involving the collection
of digital evidence, focusing on the following questions: (i) which authority is legitimized
to request static and telematic data; (ii) the need for judicial authorization to access
data from devices seized during a police raid; (iii) the non-requirement of specific
authorization for the extraction of data from devices seized during the execution of a
search and seizure warrant; and (iv) the limits of data requests to digital service
providers (Google, Apple, Facebook, among others). To answer these questions, the
study conducted a critical reading of national jurisprudence, combined with legal
doctrine, in order to qualitatively clarify the legal contours that protect privacy and
private life in the digital environment in the face of State action within the scope of
criminal prosecution.
