A validade das provas ilícitas colhidas no inquérito : uma abordagem sob a ótica do princípio da proporcionalidade

Abstract

In this monograph we searched, through an analysis of the issue involving the admissibility of illegal proof in criminal proceedings, identify the points wherein the doctrinal positions, being favorable or contrary to the entry of illegal proof in the process, but also consistent, come into contradict. For both, begins to delimit the Civil Judicial Police activity and identify your main product, the police investigation, where formalizes the developed investigative activity, aiming to reap the information which will serve as a legal foundation of the complaint. In this context, we searched to reveal the function it is for the criminal prosecution within a democratic state. Come then to expose the entire theme that involves the production of illegal proof, since their ratings to the legal basis of your inadmissibility, without forget the illegal proof for derivation and your theory , coming from the US law . In the search for possible solutions, to enable the judge to assess the proof illegally obtained, without disrespect the fundamental human rights, addresses the known principle of proportionality and the inevitable collision of principles, given the relativity of fundamental rights posts on a collision route at the time, wherein questioning the admission of illegal proof. So from that point, you go to pinch by theories, guided by rational criteria of apply the principle of proportionality in that concrete cases, offer possible predictions for the acceptance of illegal proof, exceptionally, are feasibles to be used, the discretion of the judge, in a right grounded decisions.