A (in)validade das provas obtidas pelo médico e no ambiente hospitalar: análise pela óptica do princípio nemo tenetur se detegere

Abstract

This paper aims to analyze the validity or invalidity of evidence obtained through laboratory tests performed on an investigated person who is under the state's medical custody. To this end, it brings to discussion principles of Criminal Procedure, as well as the conceptualization of evidence, in parallel with a brief analysis of the anti-crime bill and the presupposition of nemo tenetur se detegere. Furthermore, the work addresses the procedural criminal implications of medical law and the hospital environment, addressing medical ethics and the guarantees of the detainee. It is based on a comprehensive bibliographic review, involving books and specialized articles in the area, as well as an analysis of decisions by the superior courts. The methodology includes the critical analysis of these sources in relation to the topics covered, and the research result contributes to the understanding of the challenges of obtaining evidence in the context of medical custody, emphasizing the importance of protecting individual and collective rights. The work concludes that it is possible to develop a framework for specific cases in which the prohibition of illicit evidence can be relaxed, leading to the admissibility of evidence obtained by a doctor in a hospital setting.