The (In) admissibility and Scope of Illicit Evidence in Brazilian Criminal Proceeding

This article aims to study the specificities of evidence in criminal proceedings, especially with regard to the issue of (in) admissibility and scope of illegal evidence in Brazilian criminal proceedings. It is known that proof is used in the search for the real truth of facts. In this sense, in order to be sure about a particular thing taken to the judge, it is necessary to produce evidence during the procedural stages. Thus, the test is very important for the smooth running and outcome of the process. However, like all Constitutional rights, the right to evidence has limitations, given that, despite being a constitutional guarantee, the right to evidence is not absolute, as it is restricted precisely with regard to the admissibility or otherwise of the evidence obtained. by illegal means in the process. From the above, there is the emergence of controversies on the part of the doctrine, in the sense that these tests may or may not be used. The fact is that the whole issue of illegal evidence is shown to be the protagonist of profound jurisprudential and doctrinal discussions, which is why the discussion of the topic addressed in this article is important.