The right to know the origin of telephone calls by the recipient, regardless of any restriction or judicial authorization

Abstract

The Federal Constitution establishes as a fundamental right and guarantee ainviolabilidade data and telephone communications. Allows exception dessainviolabilidade , if judicial authorization and permission is designed remitting criminal or criminal procedural . The rules constitucionaltem served for telephone communication companies require judicialpara order to inform data and telephone records to threats of recipients, extorsõesou same disturbances of another order. However , there is no justification or reasonableness of such an interpretation , because the recipient decomunicação has the right to know the data of calls made to your phone terminal without any restriction , as the case is not covered pelainviolabilidade .