The illegality of using evidence obtained through chat apps in criminal investigation

The present work aims to analyze the illegality of the use of evidence obtained through the applications of conversations in the criminal investigation, especially at the time of the police approach and drawing up the arrest record in the act. For this analysis, the Hypothetical- Deductive Method was used, raising viable hypotheses to answer the problem-theme. Indeed, the hypotheses will be tested in order to determine their veracity. Therefore, this work defends the possibility of equating the dialogues developed in applications with telegraphic communications, starting to enjoy the protection presented by article 5, XII, of CRFB / 88 and Law nº 9.296 / 1996, which results in the impossibility of access to the conversations via an investigated app without prior judicial authorization. However, if judicial authorization is required for the collection and use of application dialogues as evidence, when done without the determination of the Judiciary, it must be considered illicit evidence, unraveled from the records and disregarded in the grounds for a condemnatory criminal sentence.