Provas obtidas ilicitamente.

Abstract

Through this Scientific Monograph, the first question that arises regarding the possibility of using, in the process, evidence obtained illegally, due to the Brazilian legal system, especially regarding the Federal Constitution of 1988, will be addressed. that expressly prohibits the procedural use of this type of evidence, in its article 5, item LVI. Therefore, in principle, it is necessary to analyze the applicability of the constitutional provision, looking for the exact notion of what evidence is obtained illegally, to then abstract if it is possible to apply the "theory of proportionality" integrated with other guiding principles of the legal system national, as well as the principle of contradictory, the principle of real truth, among others, that will serve as a support for the discussion of the theme, together with the relativity of fundamental rights and guarantees, given the circumstances that present the concrete case The proposed theme, thus, it finds relevance under two main focuses: the first, with regard to the study of the systematization of the evidential law as a whole and the second is revealed by the search for the limit between constitutionally predicted values, having on the one hand the search for the purposes of the process , for the realization of justice. looking for the appropriate key to the truth sought, and, on the other, the guarantee of individual and collective rights, such as the right to privacy. Of great importance are also the considerations about Law No. 9,296 / 96, which regulates telephone interceptions at the level of infraconstitutional law. Along with these considerations, others are necessary, such as illicit evidence by derivation, the possibility of using borrowed evidence and the violation of correspondence in favor of the ''pro societate" principle.