Evidence obtained from the freezing of internet accounts content

was justice ricardo lewandowski’s decision in hc 222.141 correct?

Abstract

In the judgment of HC 222.141, Supreme Court Justice Ricardo Lewandowski annulled all the evidence produced from the freezing of the contents of internet accounts linked to the person under investigation, whose request for the triggering of the measure was formulated by the Public Prosecutor’s Office based on the provisions of Art. 13, § 2, of Law 12.965/2014, the so-called “Civil Rights Framework for the Internet”. In this article, we ponder on the correctness of the that, under the major allegation of violation of the fundamental right to privacy, considered illegal the fulfillment of the measure by internet providers, even if it was succeeded by judicial authorization, under legal the legal terms. It should be noted that the supreme position is not in line with the practice of criminal evidence, notably because it is a solution that conflicts with the system of procedural nullities and its principles.