A possibilidade de admissão da prova ilícita no processo penal brasileiro em busca da verdade real.

Abstract

This work aims to enter in the study of illegal evidence with the possibility of admission in the Brazilian criminal proceedings. The proof is the way by which the judge gets information and knowledge about the facts reported in the procedural relationships and through them to form its judgment on the facts stated. However, not all the evidence collected in the process are obtained in a lawful manner, thus confronting constitutional and legal principles, it is also considered illegitimate, in other words, confronting procedural rules. The heading of article 157 of the Criminal Procedure Code, as amended by Law 11.690 / 2008, deals with the admissibility of illegal evidence, however it should be noted that there is no legal interest to receive absolute protection in our legal system, since even the right of life can be relativized when it is found, for example, the incidence of legal excuse. Therefore, when it comes to banning the use of illegal evidence is no different. When this rule causes transgression to the right that proves more relevant, for example, in order to seek the truth about the alleged facts, it is necessary to relativize the rule of the seal, using as a basis the principle of proportionality. This work wants to analyze the consequences of the admissibility of illegal evidence in criminal proceedings and their effects on the search for the real truth. In order to reach the proposed outcomes for this study will be use the deductive method of approach, that is, starting with the overall design, which in the case will analyze the devices and constitutional principles, to reach the analysis of the case, namely, the admissibility of illegal evidence in criminal proceedings. As regards the methods of specific procedure far shall be the use of historical evolution in order to understand the doctrinal and jurisprudential evolution in order to adapt the legislator's vision with the social need right now. The research technique to be use will be indirectly documentation, through legislative, doctrinal and jurisprudential analysis, reading and analysis of existing documents, monographs, journal articles, dissertations, both print and digital media.