A regulamentação do WatsApp no Brasil: possibilidade de bloqueio do aplicativo pelo judiciário sob ponto de vista constitucional

Abstract

The aim of this paper is to verify the legality of the judicial asset freezing of the instant messaging application, WhatsApp, from the perspective of the Democratic State of Law and the government intervention in people's lives, limiting the communication of millions of Brazilians all over the country in order to obtain information for criminal investigations and prosecutions. Analyzing the functioning of the application and the possibility of its interruption imposed by the judiciary, based on the Major Law and more recently the Civil Framework of the Internet. In addition, it intends to explain the disadvantages this decision entails and the risk to which are placed on the constitutional rights and guarantees enshrined in the 1988 Magna Carta and therefore the importance of the end-to end cryptography to the contemporary society. All in all, it is concluded that the decisions violate the principles of proportionality and freedom of communication, as well as the fundamental rights and guarantees, depriving users of accessing the application, threatening their privacy and the country’s security, making it vulnerable.