Admissibilidade do uso de provas ilícitas pro societate: princípio da proporcionalidade na ponderação entre direitos do réu e da vítima

Abstract

This work’s goal is to verify the possibility of using illegal evidence in the criminal process, even if against the defendant, according to the Adequacy Principle and the violated rights. We will analyze if illegal evidence against the defendant are in accordance with the Brazilian Constitutional order. For that, it is necessary to talk about general evidences and its aspects, in order to move onto illegal evidences and the constitutional prohibition of its use. The studies that admit illegal evidence in favor of the defendant will be used to verify if it could also be possible when against the defendant. We will also explain the most important principles that regard evidence production in the criminal process, emphasizing the Adequacy Principle, and the possibility of using it to compare which of the violated rights is most important, which would permit the use of the illegal evidence even if against the prosecuted.