A eficácia das provas ilícitas no processo penal.

Abstract

The present work is scope for the study of evidence in criminal proceedings, focusing on priority treatment given to evidence obtained by illegal means. The evidence in front of the criminal law is defined as a rhetorical tool able to highlight the fact alleged by either party, serving as a support for the formation of convincing the judge. Explicitly, the Republic Constitution of 1988, under article 5, paragraph LVI, decided on the admissibility of illegal evidence, however, this device has been subjected to several questions, and the doctrine and jurisprudence that slowed absolute positioning of the legislature. The research is divided into three chapters and the methodology employed is the analysis of the doctrinal, jurisprudential and legal on the admissibility of the illicit proofs appear licitly as evidence in criminal proceedings and applies itself deductive methods, bibliographic and legal exegesis. It aims to make a study of the evidential activity, to the characteristics of the penal proof, the general theory of the ilicit evidences, besides to verify the situations in which the ilicit evidences should be admitted on the processual instruction and what is the efficacy of its use. The rigor of procedural form is mitigated by the use of criteria used by the judge in applying the law to this case. In this sense, the object of the present study, slow down the inadmissibility of illegal evidences. In extreme and exceptional circumstances this prohibition in context will be relativized, including the analyses of the principle of proportionality, which makes an assessment of balance between the legally protected interests, by bringing the principle of least importance to the highest social value, being employed for the defendant or society. So much so, concluding that guarantee the admissibility of evidence obtained by illegal means, despite of exceptionally strong and important, it should not be accepted as absolute, since in certain situations the use of illegal evidence presents itself as the best solution to be applied in order to provide a proper performance of judicial spheres, and it is set in a viable form of doing justice.