A falta de controle nos serviços de mensageria e o possível impacto na segurança e soberania nacional

Abstract

Communication by messaging apps has become more and more frequent. Given the ease and widespread privacy protection of this type of communication, criminals prefer to use this functionality to avoid monitoring. The objective of this work is to analyze the impact that the lack of control in the use of messaging services, characterized by the impossibility of intercepting messages and the recalcitrance of platforms to comply with current legislation, can cause homeland security and possible reflection on national sovereignty. The functioning of the two main messaging applications in use, WhatsApp and Telegram, was studied; analyzed the national legislation that supports the interception of messages and the provision of data by the applications; as well as the outstanding cases, analyzed by the judiciary, that faced the issue; in addition to alternative forms of investigation in light of the barriers presented and the possible impact on national security and defense. A bibliographic review of the legislation, documents, doctrine and jurisprudence was carried out, with the objective of making a counterpoint between the already known cases and the possibilities of interference in Security and Defense. Finally, it was concluded that the uncontrolled use of messaging services has led criminals to make use of these platforms to communicate, finding a true fertile ground to plan their criminal practices and not be reached by Justice, ensuring the execution of their criminal actions. and impunity for their acts, weakening national security, in addition to affronting sovereignty.