ADMISSIBILITY OF WHATSAPP CONFIDENTIALITY BREACH IN CRIMINAL INVESTIGATION IN THE LIGHT OF THE PRIVACY PRINCIPLE

Abstract

This research seeks to analyze the breach of confidentiality regarding the use of the WhatsApp application in the practice of criminal conduct, verifying the extensive interpretation of legal rules by law enforcers, due to the absence of its own regulatory rule that addresses the criminal of the news communication technologies. Thus, we seek to verify the possibility of applying the existing laws, created without foreseeing the uncontrolled advance of technology or its use as a tool of crime, as well as exploring the admissibility of analogous application to similar but substantially different concrete situations. In addition, it seeks to verify the jurisprudential understandings on the subject of breach of confidentiality, information and data of the said application, as well as presenting evidence of consequences of violation of constitutional rights and the limits of state action in the search for evidence. For the elaboration of the work, a bibliographic research was used, using the deductive method, from the doctrinal one, the application of the special legislation that deals with the telephone interception and jurisprudential understandings, notably those Courts of the Santa Catarina and Superior Courts, and an analysis of the main existing understandings and disagreements on the subject.