A (in)validade das provas obtidas através do lixo sob a ótica do direito processual penal brasileiro

Abstract

The present study has as objective the analysis of the validity or invalidity of the criminal procedural use of the evidence obtained through the investigation of the garbage. To this end, some constitutional and procedural principles, such as the right to private property, privacy and the rights of the nemo tenetur, were deconstructed, in order to demonstrate how they relate to the issue of garbage. Subsequently, a concrete analysis of these principles is made against the general hypothetical situations, being the hypothesis of investigation of the garbage that is in a public place (or of public access), in which was studied how the property question is applied and privacy. Then, the situation of the garbage that is in the house was faced, observing the principles of the first hypothesis, added to the peculiarities of the protection of such institute. Finally, the garbage produced by an incarcerated individual, widening the discussion, taking into account the possibility of the inmate being forced to self-incriminate, all this in order to establish the parameters in such situations