UNLAWFUL EVIDENCE IN THE LIGHT OF THE PRINCIPLE OF PROPORTIONALITY: AN ANALYSIS OF THE SEARCH FOR CRIMINAL PROCEDURAL EFFICIENCY

• DOI: 10.22533/at.ed.2163212330089

• Palavras-chave: Illicit evidence. Proportionality. Procedural efficiency. Social protection.

• Keywords: Illicit evidence. Proportionality. Procedural efficiency. Social protection.

• Abstract:

  The theme of this work is the analysis of the flexibility of the constitutional principle of prohibition of illegal evidence (CR, article 5º, LVI) through the principle of pro societate proportionality, which has been handled under the allegation of seeking procedural efficiency and impediment of impunity. For the defenders of this aspect, in certain cases, illegal evidence could be admitted in view of the public interest of punishing and guaranteeing social security. Notably, the political collective has become the target of measures, within the scope of criminal procedure, aimed at efficiency in the course of the persecutio criminis. Still within this perspective, in a hearing on the “10 Measures against Corruption” (PL nº 4.850/2016), proposed by the Federal Public Ministry, the former Federal Judge Sérgio Moro defended the preservation of illegal evidence in proceedings, as long as it was obtained with “good faith”. It was then analyzed the easing of the prohibition of illegal evidence in the Brazilian context and the viability within the legal system.