PROVA ILÍCITA | + Prova obtida por meio ilícito + Prova Ilegítima | Processo Penal | Aula 03

Summary

This video explains the constitutional principle of inadmissibility of illicit evidence in legal proceedings. It covers the difference between legitimate, illicit, and illegally obtained evidence, emphasizing that evidence obtained through unlawful means is inadmissible. The video introduces the theory of 'fruits of the poisoned tree,' which states that any evidence derived from illegal actions must also be excluded, except in cases where there is no causal link or when the evidence would have been discovered lawfully. Exceptions to this rule, such as evidence of another crime found during a legal investigation, are also discussed.

Takeaways

• 😀 The principle of inadmissibility of illegal evidence is crucial in ensuring that evidence obtained through unlawful means is not considered in court.
• 😀 The Brazilian Constitution prohibits the use of evidence obtained illegally or through a violation of rights in the judicial process.
• 😀 Evidence must be produced within constitutional and legal limits to be admissible in court, ensuring respect for individual rights.
• 😀 Illegal evidence refers to any proof obtained by directly violating constitutional rights, such as confessions extracted through torture.
• 😀 Illegitimate evidence is obtained in violation of procedural laws, such as failing to meet deadlines set by legislation, but may be validated depending on the nature of the error.
• 😀 Evidence obtained through illegal means, like an unlawful search and seizure without a judicial warrant, is inadmissible in court.
• 😀 The 'fruit of the poisoned tree' doctrine states that any evidence derived from illegal or inadmissible evidence should also be disregarded.
• 😀 If there is no causal link between the illegal evidence and subsequent evidence, the latter may still be considered valid.
• 😀 Evidence obtained from an independent source or through inevitable discovery, which would have likely been found legally, is exempt from exclusion under the poisoned tree doctrine.
• 😀 If evidence of another crime is found during a lawful investigation, it may be used without violating the legality of the procedure, which is known as the 'dignity' exception.

Q & A

What is the principle of inadmissibility of illicit evidence?

The principle of inadmissibility of illicit evidence states that any evidence obtained through illegal means cannot be used in legal proceedings. This is enshrined in the Brazilian Constitution to protect the rights of individuals and ensure that justice is served fairly.

What does it mean for evidence to be 'illegitimate'?

Illegitimate evidence refers to evidence that is produced in violation of legal procedures, such as failing to meet specific legal requirements or deadlines. While this type of evidence may not be automatically excluded from court, its legality depends on the nature of the error.

What is the difference between illicit evidence and evidence obtained through illicit means?

Illicit evidence is obtained by directly violating constitutional rights, such as through torture or unlawful practices. Evidence obtained through illicit means, on the other hand, is derived from an illegal act, like a search without a warrant. Both types of evidence are inadmissible in court.

What is the 'fruits of the poisoned tree' doctrine?

The 'fruits of the poisoned tree' doctrine states that any evidence derived from illicit evidence must also be excluded from legal proceedings. If the initial evidence is obtained unlawfully, any subsequent evidence directly linked to it is also considered tainted and inadmissible.

Can evidence be admissible if there is no causal link between illicit evidence and subsequent evidence?

Yes, if there is no causal link between the illicit evidence and the subsequent evidence, the latter can be admissible. The lack of a direct connection between the unlawful act and the derived evidence allows it to be used in court.

What is an example of a valid exception to the inadmissibility of illicit evidence?

One valid exception is the 'inevitable discovery rule,' which allows evidence to be admissible if it would have likely been discovered through lawful means, even if it was initially obtained unlawfully.

What happens when a legal investigation uncovers evidence of a different crime?

If, during a legal investigation, evidence of another crime is discovered, it may be admissible in court as long as it is obtained legally and does not violate any constitutional rights or legal principles. This is referred to as 'serendipity' or the legitimate discovery of evidence.

Why is the distinction between legitimate and illicit evidence important?

The distinction ensures that only evidence obtained within the boundaries of the law is considered in legal proceedings. This protects individuals' rights and guarantees the fairness of the justice system.

What does it mean when the script refers to 'constitutional and legal limits' in evidence production?

The phrase refers to the requirement that all evidence must be obtained in compliance with constitutional rights and legal procedures. Evidence obtained through illegal methods or violating individual rights cannot be considered in court.

How does the principle of inadmissibility of illicit evidence relate to the integrity of the judicial process?

This principle is crucial for maintaining the integrity of the judicial process because it ensures that justice is based on legally obtained evidence, upholding fairness, protecting individual rights, and preventing the use of unlawful methods to secure convictions.