La valoración constitucional de la prueba ilícita e ilegal en la República Federal de Brasil
As a matter of direct interest from the supremacy and effectiveness of the federal Constitution of 1988 to the Brazilian law, there is the prohibition and inadmissibility of illegal evidence and it´s derivations of use in the legal system, where initially acquired evidence of wrongdoing character co...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Autónoma del Caribe
2013
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4740720 |
| Source: | Justicia Juris, ISSN 1692-8571, Vol. 9, Nº. 2, 2013, pags. 74-84 |
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| Summary: |
As a matter of direct interest from the supremacy and effectiveness of the federal Constitution of 1988 to the Brazilian law,
there is the prohibition and inadmissibility of illegal evidence and it´s derivations of use in the legal system, where initially
acquired evidence of wrongdoing character contaminate other to become detached or arise as a result of the primaries. If the
Brazilian criminal, on valuation of evidence is founded on the application of the Exclusionary Rule for Law and doctrine,
as well as other neighboring states, it can recognize the protection of fundamental rights, the purpose of State according to
interpretive criteria of proportionality and reasonableness. In contradiction to the above validity may arise where you lose
hypothetical correspondence with the Estate model, and presented a risk protection for the fundamental rights of society,
themes that will be addressed within this article trying to present an overview in proper understanding. |
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