O alcance da vedação constitucional às provas ilícitas no âmbito do processo penal

Abstract

It deals with study concerning the reach of the constitutional prohibition to the illicit tests in the scope of the criminal proceeding. The inserted constitutional rule in art argues if. 5º, LVI of the Federal Constitution must be interpreted of absolute form or holds some abrandamento. It traces the concepts of illegal test, of which drift the species proves illegitimate and illicit test. It portraies the informative principles of the theory of the applicable tests and to the study of the illicit tests. It praises that the constitutional rules that prohibition the use in the process of test gotten for illicit way must be analyzed to the light of the principle of the proportionality. It approaches the question of the illicit tests for derivation, giving special approach to the Theory of the Tree with Poisoned Fruits. It tells the consequences of the use of the illicit tests in the criminal proceeding.