ADMISSIBILIDADE DAS PROVAS ILÍCITAS À FAVOR DO RÉU E O PRINCÍPIO DA VERDADE REAL

Abstract

This article aims to confront the admissibility of illicit evidence with the fundamental rights protected by the Federal Constitution of 1988, addressing the principle of proportionality and the principle of truth of fact, and thus demonstrate the possibilities of evidence to be excluded, eliminating its illegality. Initially, the concept of evidence and its relevance to criminal proceedings will be addressed, therefore, the possibilities of admissibility of illicit evidence in criminal proceedings will be raised, passing briefly the exceptions present in the Law and the principles of admissibility. The article aims to raise the possibilities of admissibility of illicit evidence in favor of the defendant, through the principle of proportionality and the truth of the facts. Having considered these reasons, the confrontation of admissibility in favor of the defendant with the constitutional and legal prohibition of illicit evidence will be discussed. The doctrinal methodology (theoretical, dogmatic) will be used in the present work, focusing mainly on the study of literature related to the problemissue, theses, doctrinal positions, jurisprudence, legal prediction and constitutional adequacy.