A validade da prova produzida pela inspeção física de celular apreendido em flagrante delito sem autorização judicial: um olhar sob a perspectiva do direito fundamental à privacidade no curso de investigação criminal
Bibliographic record
Abstract
This study aims to analyze whether the cell phone seized in the possession of a person arrested in flagrante delicto can be immediately inspected by the police authority, without the need for a prior authorizing judicial decision to make the collection of the data contained therein valid for purposes of proof in the process criminal. Therefore, the impacts produced by Revolution 4.0 on society will be presented, especially with regard to the improvement and expansion of the functionalities of telematic media. Subsequently, the need to balance, in the specific case, the protection of the fundamental right to privacy and the fundamental right to public safety will be demonstrated, in order to avoid, when the Judiciary is called to intervene, unfair convictions and acquittals. Then, the decisions handed down by the Supreme Court of the United States, the Spanish Constitutional Court and the Supreme Court of Canada will be presented, demonstrating that the Canadian judgment can serve as a relevant paradigm for the Supreme Court, since it presents objective criteria for physical inspection of the seized cell phone is lawful. From a methodological point of view, bibliographic research was used as a methodology, under a dialectical perspective, in order to carry out a dynamic interpretation of reality, above all to ensure the balance between the fundamental rights involved, in order to conclude, without exhausting the studies on the subject, that the conceptual contours of the fundamental right to privacy cannot be conferred a priori, making it imperative to unravel all the peculiarities and the context of the concrete case so that any violation of its precepts can be verified. Therefore, it is defended possible the immediate physical inspection of the cell phone of a person arrested in flagrante delicto, and the Judiciary Branch, a posteriori, is responsible for verifying any violation of privacy in the case examined
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.011 | 0.026 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.004 | 0.003 |
| Science and technology studies | 0.005 | 0.016 |
| Scholarly communication | 0.012 | 0.006 |
| Open science | 0.001 | 0.005 |
| Research integrity | 0.003 | 0.002 |
| Insufficient payload (model declined to judge) | 0.007 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".