Provas ilícitas: da inadmissibilidade à contaminação do convencimento judicial

Abstract

This article has the purpose to analyze the consequences of the existence of illegal evidence in Brazilian criminal procedures, highlighting the principle of inadmissibility of them, which make consider those evidence null and obligates its unravel, simultaneal, the psychologic impossibility of effective nullity of the evidence once known by the judge. Its importance consists on the need of identify situations in which the judges act partially. In order to defend that, it was made a bibliography revision about the subjects that sustain the hypothesis and a brief explanationabout some important concepts and rules of Brazilian criminal procedure, such as a comparison between the ideal that is in the law and what actually happens. The conclusion is that when the legislator matters exaggeratedly with the speed of the process, loses his or her opportunity to avoid situations that may harm the impartiality of the Judiciary and so as cause inefficiency and even illegally to the criminal procedure.