AS PROVAS ILÍCITAS NO CASO DAS BUSCAS DOMICILIARES SEM MANDADO: UMA QUESTÃO MAL RESOLVIDA NO DIREITO BRASILEIRO

Abstract

The present research focuses on an in-depth exposition of facts to find, or get closer to understanding, why illicit evidence and everything surrounding it still constitute such an unresolved issue in the practice of the Brazilian legal system. This is done in alignment with cases and examples involving warrantless home searches. It converges towards greater safeguarding and due attention to the principle of proportionality, in order to relativize the prohibition of evidence considered illicit, with the main purpose being to clarify that Brazilian law, with its innate subjection to considerations and perspectives, urgently requires continuous and contemporary improvements. In light of this, it initially explores a conceptual outline, which leads to the defense of the principle of proportionality. Then, it addresses the evidentiary system itself, moving towards illicit evidence by derivation and its exceptions. And it seeks to conclude by dedicating itself to the use of illicit evidence in favor of the defendant versus its (non-)use in favor of society, and the endoprocedural consequences.