A (IN) ADMISSIBILIDADE DAS PROVAS ILÍCITAS: ANÁLISE DO PRINCÍPIO DA PROPORCIONALIDADE

Abstract

The aim of the work is to study the admissibility of illicit evidence in the Brazilian criminal process in light of the principle of proportionality and whether such evidence should be admitted in the process as a way of achieving the truth or whether it should be restored in the name of preserving individual rights. The analysis of the principle of proportionality in this context is justified to balance the search for procedural truth with the protection of the fundamental rights of individuals involved in the criminal process. An objective approach to this topic will allow a clearer understanding of the limitations and criteria for using the evidence obtained. The main question is whether such evidence should be admitted into the process as a way of reaching the truth or whether it should be restored in the name of preserving individual rights.