Admissibilidade das provas ilícitas em favor da sociedade no âmbito criminal.

Abstract

This is scientific research institute of the main peculiarities of proof in the criminal justice, especially its constitutional aspects, with the aim of demonstrating that evidence unlawfully, contrary to the law may be accepted on behalf of society, since it is not allowed constitutionally, given the principle of inadmissibility of evidence illicit. The method was approached to develop the theme and deductive; to investigate, the technique used and the monograph and documentary research and indirect (doctrinal works, scientific articles, websites jur, periodicals and bibliographic searches) in order that we can achieved. The air foundation necessary to elucidate to the problematic that now seems. To clarify the legal debate and better understanding of the topic, to discuss general aspects of proof, since its conceptualization, up to the principles that guide the evidential activity, thereafter versa is on the main aspects of the principle of proportionality. And, finally, investigates focuses on the possibility, given the spatial jur Brazilian physician, the admission of illegal evidence in favor of society, presenting the possibility that current trends and its management as a tool of organized crime repressor . The controversy of the proposed theme is based on the fact that Code of Criminal Procedure and constitutes and The Brazilian Federal have recognized the principle of proportionality as an instrument expressed to apply to own an illegal evidence. However, through the deep play to the study of evidence, before the rules and constitutional principles, it seeks to justify this possibility. Thus, the intensity to the present study and show that although there is nothing explicit about this possibility in procedural law, is for it is that of The Federal can admit evidence unlawfully and apply on behalf of society to condemn a charged with the commission of a crime of extreme gravity aimed at maintenance of the safety publishes. In short, this research aims to accomplish the law enforcement staff, as a true democratic state can be built only if its foundation is formed by the constitutional principles.