Das provas ilegais: um olhar sobre a fishing expedition

Abstract

The objective of this paper was to analyze the “fishing expedition” concept, based on fundamental notions about the brazilian system of criminal procedure, especially considering the general theory of evidence in criminal procedures and the issue of illegal evidence and its consequences. As for the fundamental notions about the system of criminal procedure, the main types of systems and their characteristics were analyzed, as well as certain criminal procedure principles. As for the general theory of evidence in criminal proceedings, the paper discussed the legal meaning of the term “evidence”, with its concepts and meanings, the distinction between evidence and informational elements, as well as the sources of evidence, means of evidence and means of obtaining evidence. As for the the issue of illegal evidence, there was a discussion on illicit and illegitimate evidence and its consequences, on illicit evidence by derivation and its limitations, as well as on the destruction of illicit evidence and the decontamination of the judgment. Finally, there was a detailed analysis about the fishing expedition, including its origin, concepts and hypotheses, thus making a conclusion about its illegality