Análise da contaminação do magistrado em contato com as provas ilícitas e suas consequências processuais penais

Abstract

The aim, through this work, is to demonstrate the influence of illicit evidence on the magistrate's intellect, which with prior contact becomes contaminated when exercising his arduous jurisdictional function of making criminal decisions; and highlights the need to adopt guarantor epistemology to the current criminal procedural system. In view of the objective of reaching these points, this research portrayed in detail the historical evolution of the regulation of the inadmissibility of illicit evidence in the Brazilian Federal Constitution of 1988 and its implementation in the Code of Criminal Procedure, as well as the mitigations that were perpetuated with the import of North American regulations. Respectively, all the evidentiary stages and the relationship of the magistrate inserted in each of them were discussed so that the need to adopt epistemological and legal limits to the system of valuing free motivated conviction was demonstrated. Finally, within the limits and dimensions of an undergraduate course conclusion work, which aims to propose solutions to bring criminal decisions closer to the dictates that govern the guarantor epistemology proposed by Luigi Ferrajoli, the importance of applying the inductive methodology in valuation was portrayed. of evidence and the amendment of article 157, §5, of Law No. 13,964/2019. Both with the aim of obtaining criminal decisions that protect fundamental rights and guarantees, in the absence of a judge contaminated in the procedural records