SAMPAIO, E. P. B.; http://lattes.cnpq.br/6865050427388220; SAMPAIO, Edvânia Patrícia Barreto
Abstract:
The word "proof" originates from the Latin probatio, meaning examination, confrontation,
verification etc. Either way, in any meanings, it represents the form,
the instrument used by man to, through perception and senses,
demonstrate a truth. In the field of Criminal Procedure, the objective of evidence is to
demonstration in court of a fact supposedly adequate to the criminal type. The
The current Federal Constitution establishes, in its article 5, a whole system
protection of fundamental human rights. In this system, we find
various devices and principles related to the process, transforming it into
a true instrument for guaranteeing human goods and freedom. It is, in
truth, of a new constitutional rule, which does not admit illicit means in the
production of evidence. However, such a rule is not absolute and must be interpreted in
set with the other constitutional provisions. If there is an apparent conflict of
norms, the principle of proposing
