Fishing expedition e princípio da serendipidade: O limiar sutil das provas aceitas pelo Superior Tribunal de Justiça no âmbito da investigação criminal

Abstract

This research work aims to analyze Fishing Expedition and the Principle of Serendipity under the subtle threshold of evidence recognized by the Superior Court of Justice in the context of criminal investigation. In this context, through a research approach that allows for a thorough and critical analysis of the topic. The central hypothesis guiding the study is: the great similarity between Fishing Expedition and the Principle of Serendipity and the consequences of their applications in Criminal Procedure. The general objective of the research is to dissect the concepts, demonstrating the importance of their applications and the need for oversight of criminal investigation. In a brief historical and doctrinal review, the origin, definition, main characteristics, and forms of materialization of Fishing Expedition are analyzed. The historical evolution, concept, and doctrinal contextualization, as well as the characteristics and forms of materialization of the Principle of Serendipity, are studied. The criteria adopted by the Superior Court of Justice to distinguish the categories addressed and the consequences of the application of Fishing Expedition in criminal proceedings are verified. The consequences of the application of Fishing Expedition in criminal proceedings are analyzed. In a critical manner, the Writ of Habeas Corpus 153.988/SP is analyzed, presenting the characteristics and developments of the André do RAP case. A critical analysis of the Writ of Habeas Corpus No. 153.988/SP is also carried out in light of the categories addressed. Starting from a general premise, logical reasoning is then applied to provide arguments and specific evidence that support this assertion or theory. To this end, the deductive and argumentative approach method will be used, along with bibliographic research sources, and techniques such as the referent, category, operational concept, and note-taking.