PROVAS ILÍCITAS E SUA APLICAÇÃO PRO SOCIETATE NO PROCESSO PENAL BRASILEIRO

Abstract

The present study is about the current dynamic of the admissibility or not of illegal evidence on the Brazilian procedural legislation, as well as its branches of application and the legal implications of each point of view advocated by legal literature, especially pro societate. As Law evolved and matured, there has been a relativization of rules previously held with a status of almost absolute, especially when a fundamental right of the person is on the line. The doctrine is currently divided into three branches: inadmissibility, admissibility by the defense and, in a much smaller scale, admissibility by the prosecution, aiming to concretely obtain justice. The discussion about the use of evidence derived from illicit evidence is present as well, even if produced under legal standards. The methodology consisted of several bibliographical researches, readings, electronic articles, study of the topic’s discussion and pertinent legislation. Therefore, it is concluded that the use of illicit evidence is plausible, above all for the defense, and even its use may be admitted pro societate, in serious and exceptional cases. However, it is necessary to have mechanisms that guide its use, in any case, in order to avoid the occurrence of injustices in the name of justice.