ANÁLISE DA LEGALIDADE DE BLOQUEIO DO APLICATIVO WHATSAPP PELA JUSTIÇA BRASILEIRA E A OBRIGAÇÃO DO FACEBOOK DE FORNECER INFORMAÇÕES À JUSTIÇA

Abstract

The purpose of this article is to analyze the Constitutionality of the Whatsapp application block by the Brazilian Justice and the obligation of the application to provide information to the Justice under art. 12, item III of the Marco Civil da Internet and pursuant to article 5, items X and XII of the CF, in light of the principle of proportionality due to noncompliance with court order to intercept messages of the application for criminal investigation. In addition, it will be considered the obligation of the company Facebook to provide message information exchanged by your application, considering the rights of users of the application Whatsapp, as the Magna Carta protects privacy and privacy, in art. 5, item X of CF / 88. The conclusion reached is that all this risk that the virtual world can cause in the lives of users should not be regarded as unprotected by the Brazilian legal system, because the protection of users' privacy in the digital environment is ensured according to Law no. 12,965 / 2014 of the Civil Marco of the Internet. Although Marco Civil protects internet communication, which is the service offered by the Whatsapp application, it is legal to break the confidentiality of these communications by court order. In the case of intervention, the State must use the guidelines indicated by the principles of proportionality, in addition to observing the fundamental rights of communication among its citizens, aiming at the good of all. Social developments require that legal operators prepare for the new realities.