FISHING FOR EVIDENCE THROUGH SEARCH AND SEIZURE OF CELL PHONES, THE LEGALIZATION OF ARBITRARY AND JUDICIAL ACTIVISM.

Abstract

The study focuses on the practice of “fishing for evidence” in the context of breaking telematic secrecy preceded by search and seizure of smartphones. The research focuses on analyzing the legality of this procedure and whether it represents a form of judicial activism, especially in media cases involving public figures.

In modern times, there has been an excessive enforcement of searches and seizures of cell phones of suspects, often related to past crimes, without a clear objective. Therefore, the objective of this article is to understand the limits to breaking the secrecy of smartphones preceded by search and seizure and how this measure flirts with judicial activism and authoritarianism. This research is relevant in academic and social circles, as there has been an excess of police operations using this practice and, on the other hand, there is little contribution from the doctrine.