Gravação ambiental clandestina e sua dissonância no bojo do contencioso eleitoral perante entendimento do Supremo Tribunal Federal

Abstract

The present work aims to promote the analysis of the main aspects that involve the theme clandestine environmental recordings as a means of proof in the Electoral Criminal Process. Initially, we seek to examine the theme by specifying the audiovisual evidence and their differences, emphasizing the procedure of clandestine recordings, object of the work. A continuous act, the line of changes of understanding of this theme over the years is exposed, until the current jurisprudential consolidation by the Supreme Court. Soon after, the work focuses on the development in the electoral area, especially the jurisprudential oscillation even with the position established by the Supreme Court in Extraordinary Appeal 583,937 Rio de Janeiro, demonstrating the main points of controversy as a basis in the jurisprudence of the Superior Electoral Court. Finally, the last topic addresses the change in the positioning of the TSE, going back on the illegality of clandestine environmental recording.