A admissão da prova ilícita no processo civil brasileiro: uma análise jurisprudencial à luz dos institutos aplicáveis.

Abstract

This essay examines the admission of illegally obtained evidence in the brazilian civil procedure, aiming to correlate the applicable theories on the theme with the approach that is effectively adopted by the domestic jurisprudence. To this end, the main points related to evidence were addressed, with regard to illegally obtained evidence. Subsequently, the jurisprudential analysis of the matter was carried out, which used judgments rendered by the Court of Justice of the State of Minas Gerais as object of study. In view of the chosen objectives, the methodology adopted was bibliographic research and case study. The conclusion obtained, considering the delimitation of this research, lead to the sense that Brazilian jurisprudence places a notorious emphasis on the principle of proportionality and the individualized analysis of cases. Thus, it is avoided that the rigidity of the law legitimizes the prejudice to fundamental rights of greater relevance. Therefore, meeting the trends adopted by the other analyzed countries.