A (in)admissibilidade das provas ilícitas no processo penal à luz do príncipio da proporcionalidade.

Abstract

This course conclusion work aims to analyze the (im) possibility of use of illegal evidence, as well as those derived from illegal under the criminal proceedings. It is intended through extensive and relevant literary research on the said topic, analyze, discuss and present the main theoretical aspects involving this problem. For this, it uses the bibliographical research methodology consists basically in reading and comparison of theories lead author of the law that deal with this problem. Starting from the assumption that both the Federal Constitution, such as the Code of Criminal Procedure prohibit the use of illegal evidence, seeks to bring scholars renowned positions on the theory of the tree of the poisoned fruit, and the introduction of other theories, such as the independent source and the inevitable discovery, are minimizing the sealing of illegal evidence and derived using the same within the process. Aims to bring even an analysis of the position of the Brazilian courts and demonstrate through decisions arising from these, the (in) admissibility of illegal evidence both in favor of the defendant, as in favor of the company. Similarly, considering the main aspects related to the focus on literature, the issue of illegal evidence is presented as a fundamental and very important in the legal sphere, since it is based on evidence that the judge will extract elements to form his belief in search for solutions to the conflicts it brought.