Questão jurídica principal
Whether the appeal in criminal matters against the intermediate order was admissible despite the lower court’s refusal to enter into the surveillance request.
Decisão extraída
Yes. The order could cause an irreparable legal disadvantage because later use of the emails might be excluded, making the appeal admissible.
Fundamentação extraída
If the emails were obtained only after the lower court’s view had prevailed, the trial court could later deem them unusable under Art. 277 StPO; that would seriously jeopardize truth-finding.