Cooperação jurídica internacional: limites para a utilização da prova no processo penal

Abstract

The objective of this dissertation is to verify the conditions under which the confidential evidences of phone, bank accounts and data in the Brazilian criminal proceedings for international cooperation can be used. Brazilian criminal proceedings require the judicial authorization in order to allow the disclosure of these evidences. However, not all countries require the same judicial authorization; some can be done without so many formalities. This study pursues the construction of valid grounds for the production of evidences based on fundamental rights with regards to the matter of criminal procedure. Some critical points have been developed in more detail, such as: the definition of sovereignty nowadays; the influence of globalization on society and on the increase of organized criminality; the definition of fundamental rights and their assurance for society. It was found that the judicial authorization should always be considered and that the evidences have to be taken with regards to a citizen s fundamental rights in order to guarantee the democratic state of law and human dignity