A admissibilidade das provas ilícitas: estudo sob o prisma da proporcionalidade

Abstract

This paper has as its objectives to examine the ilegal evidences and its admissibility in the concrete case. To both, makes-if an analysis of concept of proof, illicit proof, well as of its constitutional aspects and the construction of the theory of proofs in spatial Western legal. The theory of proportionality also will be object of study of the present work, once that will serve as parameter to the adoption the technique of „sopesamento‟ of principles in the concrete case. Will be refer and examined academically concrete cases, such as the case of “Inhames” and the case of Naves´ brothers, always aiming at understand the current positioning of procedural doctrine criminal and with scope to we may weave criticisms substantiated. In conclusion, we understand that the inadmissibility of evidential means illicitly obtained, positivised expressly by constituent originating in art. 5 º, LVI of CRFB/88, should be treated as norm-principle to be weighted in the case concrete.