FISHING EXPEDITION: NONCOMPLIANCE WITH THE LEGAL ORDER

Abstract

The present work aimed to analyze and understand the nature of the "fishing expedition" and its possible impacts on criminal proceedings and legal practice. We sought to examine whether this investigative approach complies with Brazilian legislation and the constitutional principles that guide criminal prosecution. To achieve this purpose, a research approach was used that combined deductive and inductive methods, together with a qualitative analysis of cases in which the phenomenon in question was identified. The first chapter addressed the fundamentals of the process, while the second explored the epistemology of evidence, especially with regard to search and seizure in the Criminal Procedure Code. The third chapter, in turn, focused on "fishing expedition" in the context of the Brazilian legal system, examining cases related to the topic. The central finding was that the use of this type of approach does not comply with infra-constitutional laws or the Constitution, revealing characteristics of authoritarian models.