Unauthorized evidences
Keywords:
Criminal evidence, unauthorized evidences, proporcionality.Abstract
The present monograph analyzes the constitutional prohibition of the illicit evidences, and their admissibility in our country’s Criminal Process. The issue is not pacific and, even before the advent of the 1988’s Constitution, it provokes several discussions, in the fields of jurisprudence and doctrine. In this research, different aspects in this controversy are pointed out through research in the positioning of doctrine and jurisprudence, and analyze the most important issues introduced by the Law n 11.690/2008. The legal theories that try to solve the divergences are also analyzed. It was not intended to study completely this matter, but to present some aspects that are believed to be the most relevant ones. For that, in this work, it was always observed that the guarantee embedded in art. 5º, LVI of the Brazilian Constitution is one of the rules that conduct all the probatory activity and that it can only be relativized in exceptional cases, in order to assure the preservation of constitutional rights and guarantees of bigger relevance, always having as the ultimate goal the preservation of the Rule of Law.Downloads
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