A admissibilidade da prova ilícita no processo penal brasileiro à luz do princípio da proporcionalidade

Abstract

The purpose of this monograph is to analyze the treatment given to illegal evidence in the Brazilian legal system, with a focus on criminal proceedings, according to the legislation, doctrinal understanding and jurisprudence of the Superior Courts. For that, it conceptualizes what evidence is, its means and function, aiming mainly at the study of illegal evidence in the Federal Constitution and in the Code of Criminal Procedure, the differentiation between illegal evidence and illegitimate evidence brought by the doctrine - as well as, delineates on the three theoretical currents that involve the subject, in view of the application of the principle of proportionality. Indeed, it analyzes the circumstances in which exceptions to the constitutional prohibition of admission of illicit evidentiary material occur in the process, in order to guarantee the most adequate jurisdictional provision in the moment of conflict between fundamental guarantees.