Sigilo telefônico nas constituições de brasil e portugal: análise do tratamento da medida na lei e na jurisprudencial e o limite entre proteção deficiente e eficiente

摘要

The present study aims to analyze the requirements of the wiretapping Brazil and Portugal, basing the analysis on constitutional norms and standards infra. The analysis involves the understanding of rights linked to personal intimacy and privacy and the possibility that it has investigated the target of disclosure of telephone records through telephone interception, having secured the material access to justice, and, therefore, these respected rights. Checked out the concept of access to fair legal system (material) and also the formal access to make possible the understanding and presentation of the results obtained from the Brazilian courts and the Portuguese courts.