The right to privacy, strict legality and the unavailability of data

analysis of the ruling on hc 222.141

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Authors

  • Pedro Luís de Almeida Camargo Universidade de São Paulo, USP, Brasil.

Keywords:

Criminal investigation, Judicial authorization, Data seizure, Procedural legality

Abstract

This article aims to briefly analyze the individual ruling made by Justice Ricardo Lewandowski on HC 222.141 at the Supreme Court, which invalidated an investigation in which the Prosecutors asked directly to internet service providers the preservation and unavailability of data produced by individuals who were being investigated. After analyzing the contemporary concept of the right to privacy and the principle of procedural legality, it will be demonstrated the correctness of said decision with regard to the protection of fundamental rights.

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Author Biography

Pedro Luís de Almeida Camargo, Universidade de São Paulo, USP, Brasil.

Mestrando em Direito Processual Penal pela USP. Especialista em Obtenção, Interpretação e Valoração da Prova pela Universidade de Salamanca. Bacharel em Direito pela USP. Advogado. 

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Published

2024-07-26

How to Cite

de Almeida Camargo, P. L. (2024). The right to privacy, strict legality and the unavailability of data: analysis of the ruling on hc 222.141. Boletim IBCCRIM, 31(364), 29–31. Retrieved from https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/1589

Issue

Vol. 31 No. 364 (2023): Boletim IBCCRIM - Março

Section

Diálogos

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