PRINCIPLE OF PROHIBITION OF ILLEGAL EVENTS: AN ANALYSIS BEFORE THE THEORY OF PROPORTIONALITY AND SUPERIOR COURT OF JUSTICE CASE-LAW

Abstract

Through the deductive method, the present work aims to expose constitutional and infraconstitutional aspects about the use of illegal evidence in the criminal process, demonstrating the horizontality of the roll in the state the part of the court process, and must pass through the sieve of fair trial and constitutional principles, with the purpose of guaranteeing to the individual
the tools for the substantive contradictory effect, deepening the subject further, and the special resource analyzed number 1,630,097 - RJ, wich deals with the prohibition of the use of the illicit evidence in a specific case judged by the court of the Superior Court of Justice, thus demonstrating the scope of applicability of the norm presented.