AS NULIDADES PROVENIENTES DE PROVAS ILÍCITAS E O PROCESSO PENAL NO BRASIL

This article aims to present an analysis of the nullities resulting from the use of illicit evidence and their effects on Criminal Proceedings in Brazil. It will be demonstrated that in several cases, the pointing out of nullities caused by illicit evidence in criminal proceedings is an instrument used in favor of the accused, as a defense strategy, seeking to correct irregularities that harm him. In other cases, if well handled by good lawyers and under the pretext of guaranteeing legality and protecting fundamental rights, this instrument can act to the detriment of society, nullifying, in many cases, entire proceedings, due to incurable defect in the illicit obtaining of evidence, and may even favor the guilty. It is a fact that, even in the face of a constitutional prohibition, expressed in Article 5, item LVI, of the Federal Constitution of 1988, the subject generates controversy, provoking doctrinal discussions and generating a diversity of case law in the higher courts. However, it is important to emphasize that the analysis of this topic here does not aim to exhaust the subject, but rather to address and highlight aspects that are believed to be more relevant, through legislative, doctrinal and case law research. Finally, it is important to emphasize that, in the development and research for this article, there was never any deviation from the rules that guide the evidentiary activity, nor was there any consideration, under any circumstances, of disregarding constitutional rights and guarantees, which are fundamental precepts for the preservation of the Democratic State of Law.