Da admissibilidade das provas ilícitas no processo penal

Abstract

This work has as main target the study of admissibility of illegal evidence in criminal procedure , due to their inadmissibility by the Brazilian Federal Constitution in its Article 5 LVI , and the Code of Criminal procedure in Article 157 , for hurting the rights and guarantees of the citizen seeking their use in the process through the principle of proportionality theory that seeks to maintain the balance of power between the state and society . Where the central objective of the problem will show the effectiveness of illegal evidence when seeking the real truth of the facts , and thus forms a judgment of conviction , both in favor of the company , and in favor of the defendant , thus making necessary analysis on the jurisprudence of the Supreme Court and STJ , and also about the contradictory doctrinal thinking about the subject . In which the main objective is accused of using illegal evidence as the only means of defense to prove the presumption of truth , and also the charge to use the evidence as mentioned great tool to punish criminals .