THE ORIGIN OF THE FRUIT OF THE POISONOUS TREE DOCTRINE AND ITS INCORPORATION INTO THE BRAZILIAN JUDICIARY

Abstract

This article aims to present the origin of the fruit of the poisonous tree doctrine and its incorporation into the Brazilian judiciary, given that the aforementioned theory has its starting point in the Supreme Court of the United States. Nevertheless, its importance as a guarantee-based legal principle is still observed indirectly, since even with the enactment of Law 11.690/2008 there was no direct mention of the theory in Article 157 and its respective paragraphs of the Brazilian Code of Criminal Procedure (CPP), as the law brought significant reforms regarding the inadmissibility of evidence derived from illegality. The study also aims to present the exceptions to the fruit of the poisonous tree doctrine, based on Brazilian jurisprudence, recognized by the Superior Court of Justice (STJ) and the Supreme Federal Court (STF), considering that the fruit of the poisonous tree doctrine does not have an absolute character.