A possibilidade de admissão de provas ilícitas no processo penal brasileiro quando produzidas pela vítima

Abstract

The prohibition of the use of evidence unlawfully obtained in criminal prosecution is a fundamental right of the accused, expressly envisaged in the Brazilian Constitution. Nevertheless, there is a doctrinaire discussion about what is the range of the regulation above-mentioned, based on the fact that there isn’t absolute fundamental right. This monography aims to analyse if is possible, in the brazilian procedural system, to admit evidences unlawfully obtained, when produced by the victim, in the detriment of the defendant. For that, it’s use the undestanding of noteworthy lectures about the subject, as well as the jurisprudence of the Brazilians Superiors Courts and the understanding about the subject in the comparative law. For the fact that the prohibition of the ilicit evidences is envisaged in the Brazilian Constitution as a fundamental right, a balance between the fundamental rights of the victim and the of the defendant it’s also realized, in the light of the proportionality principle. This survey used the hypothetica-deductive method for reach its goal, what means, for solve the issue, its presented a hypothesis, and, in the end, it was analysed wheter is valid. It was utilized the research technique of direct documentation, especially the documentary and bibliographic poll.