Abstract

MENDEZ DIAZ, Ricardo Antonio. The constitutional evaluation of the illicit and illegal evidence in the federal republic of Brazil. Justicia Juris [online]. 2013, vol.9, n.2, pp.74-84. ISSN 1692-8571.

As a matter of direct interest from the supremacy and effectiveness of the federal Constitution of 1988 to the Brazilian law, there is the prohibition and inadmissibility of illegal evidence and it's derivations of use in the legal system, where initially acquired evidence of wrongdoing character contaminate other to become detached or arise as a result of the primaries. If the Brazilian criminal, on valuation of evidence is founded on the application of the Exclusionary Rule for Law and doctrine, as well as other neighboring states, it can recognize the protection of fundamental rights, the purpose of State according to interpretive criteria of proportionality and reasonableness. In contradiction to the above validity may arise where you lose hypothetical correspondence with the Estate model, and presented a risk protection for the fundamental rights of society, themes that will be addressed within this article trying to present an overview in proper understanding.

Keywords : Brazilian Federal Constitution; Illegals Evidence; Prohibition and Inadmissibility; Brazilian Criminal Procedure; Rules of Exclusion; High Court of Justice; Federal Supreme Court; State Model and Fundamental Law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )