ADMISSIBILIDADE DAS PROVAS ILICITAS NO PROCESSO PENAL Sopesamento de direitos fundamentais para utilização da prova ilícita pró réu e pró societate

Abstract

This paper addresses the issue of admissibility of illegal evidence in criminal proceedings, specifically as it pertains to illegal evidence in the defendant's sentencing order, so certain "pro societate". A brief approach to the use of evidence at various historical periods to the present day, illustrating the evidence, the evidence of the means of production and their legal limitations, mainly the constitutional limitations to which it must respect in maximum degree. Getting closer to the main idea, work, brings the definition of illegal evidence, illegal and illegitimate, differentiating them, highlighting also the proof that it is unlawful for derivation and bringing what practices the consequences are for accepting or not such items of proof. Specifically on the admissibility of illegal evidence, puts the reader, the main theories ranging from both ends, such as inhibitive theory and permissive theory. Finally, the work is dealing with constitutional values questioned, seeks to demonstrate the need for realizing the measure guarantees brought by the Constitution with the primary aim of protecting not only the individual rights of citizens placed as a defendant, but the rights attached to all citizens belonging to a democratic state installed in the Federative Republic of Brazil, showing that democracy itself does not require extreme decisions and the nonsense of such decisions does not enrich at all the salutary constitutional law, because obviously that given the unquestioning obedience to due process, it is also necessary to bring the minutiae and peculiarities of each particular case.