HC 1,035,054/SP
flagrant, cell phone, and illegal digital evidence
DOI:
https://doi.org/10.5281/zenodo.19007142Keywords:
Commentary on case law, access to cell phone data, unlawful evidence, independent source, inevitable discoveryAbstract
The text analyzes a ruling on access to cell phone data during the commission of a crime. The Federal Supreme Court (Case No. 977) ruled that the device may be seized, but access to the data requires judicial authorization or the owner’s consent. While the exclusion of evidence obtained without authorization is correct, the reasoning that subsequent judicial authorization would constitute an “independent source” is criticized. The author argues that the case relates to inevitable discovery, not to an independent source, pointing out risks to the chain of custody, judicial impartiality, and the full exercise of the right to defense.
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HC 1.035.054/SP, relator Ministro Sebastião Reis Júnior, Sexta Turma, julgado em 18/11/2025, DJEN de 27/11/2025.
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