Parliamentary commissions of inquiry and the confidentiality of telephone communications

Abstract

The article examines a habeas corpus petition filed against an act of a Parliamentary Commission of Inquiry that approved the breach of telephone confidentiality of Pedro Neiva Filho. The methodology used is the dogmatic and jurisprudential analysis of the Constitution and Law 9,296 of 1996. The exposition begins with the examination of the facts and the parties' allegations, then addresses the writ's admissibility, arguing that the breach of telephone confidentiality represents indirect coercion of freedom of movement. The text investigates whether telephone records fall under the confidentiality of communications, concluding affirmatively. The investigation recognizes the Commission's investigative powers proper to judicial authorities, but finds defects in the procedure, rendering the measure null.