Illicit evidence and absolute: a reflection in the light of the principle of proportionality

Abstract

This article aims to clarify which are the illegal evidence, in which cases it will be admitted and which factors led to its admissibility, so that an analysis can be carried out against the principle of proportionality. Thus, does the use of unlawful evidence in favor of the former defendant of the principle of proportionality violate the due Criminal Procedure and the Federal Constitution? Its admissibility is hypothesized. The general objective of this article is to verify if its use is in disagreement with the legal system. Thus, the illegal evidence will be analyzed, in which specific cases are admitted and what led to its admissibility, as well as the means of evidence will be studied in light of the principle of proportionality and acquittal through illegal evidence and listing possible unconstitutionality of the admissibility of unlawful evidence, verifying the effects it may cause in other specific cases. The approach method used in this article will be the deductive method and the qualitative methodology, through the analysis of doctrinal works and scientific articles from the last 10 (ten) years on the subject, using the keywords: illegal evidence; proportionality; admissibility. Thus, through the studies carried out, it is observed that, exceptionally, as illegal evidence they are used in favor of the defendant, through the principle of proportionality and through derivation.