A utilização de provas obtidas de forma ilícita no processo penal: uma análise à luz dos princípios constitucionais

Abstract

The present paper is dedicated to the study of the admissibility of evidence obtained by illicit means in criminal proceedings, based on the necessary balancing to be conducted by the judge, who must consider the specific circumstances of each case and weigh the conflicting principles and rights involved. In this regard, the study seeks to highlight the possibility of admitting illicit evidence in criminal cases to safeguard the accused's individual rights to liberty, access to evidence, and the presumption of innocence, grounded on the principles of Reasonableness, Proportionality, Adversarial Proceedings, and Full Defense. These are considered in contrast with other fundamental rights, such as privacy and intimacy, or the State’s duty to impose sanctions. The aim of this work is to define the admissibility criteria for the theories that allow the use of illicit evidence in criminal proceedings, concluding with an analysis of real cases in which such theories were applied