A admissibilidade da prova ilícita pro societate no ordenamento jurídico brasileiro com base na aplicação do princípio da proporcionalidade

Abstract

Contemporaneously, the subject area under study is controversial in our legal system. Wishing to end the dissension that includes discussions about it, was expressly forbidden by Magna Carta in his art. 5, paragraph LVI, the admissibility in the process of evidence obtained by unlawful means. However, the mitigation of such a rule is becoming more popular now in our courts and our doctrine in light of the Principle of Proportionality. Thus, questions are: can the investor the right, based on the Principle of Proportionality, accept evidence considered illegal in favor of the company (pro societate)? That issue will be the basis of this research, which will be analyzed to when and how our scholars and our jurisprudence have applied the right of the problem presented. The study, in casu, is of paramount importance for society, given its high degree of impact. Fundamental rights and guarantees of the accused, which are guarded by our Constitution, may be mitigated when in conflict with other constitutionally guaranteed rights to society? Mister note that due to the immense size and complexity of the theme, it will not be exhausted in all its facets and obscurities, though not miss efforts to resolve major differences over the issue raised.