THE ADMISSIBILITY OF UNILATERAL RECORDINGS AS EVIDENCE: ART. 8º-a, § 4º, FEDERAL STATUTE 92296/1996 AS A RULE OF EVIDENCE

Abstract

This paper examines the admissibility of conversational recordings as criminal evidence, when provided by one of its participants. This research addresses the understanding of Brazilian courts on the matter and, in a more specific manner, discusses the interpretative problems arising from the overthrow of the presidential veto to §4 of Article 8-A of Federal Statute 9.296/1996, which regulates communication interceptions, as modified by the Statute 13.964/2019 (Anti-Crime Act). Considering the lack of legislative technique as a starting point, the alleged admissibility of these unilateral recordings just “in matters of defense” is analysed. This new hermeneutical problem was brought about by the Federal Statute 13.964 of 2019 (known as “Anti-Crime Act”). Methodologically, the approach is deductive. It promotes a literature review and documental analysis, covering normative texts and cases judged by foreign countries and by the European Court of Human Rights. Its contribution consists in the proposal of a solution to the controversies arisen on the above-mentioned provision, in force since 2021. Therefore, this discussion will be useful for Criminal Procedural Law’s studies, especially on Evidence Law, with relevance towards privacy and data protection themes.