EVIDENCE FISHING AND THE FORTUITUTE FINDING OF EVIDENCE IN THE BRAZILIAN LEGAL ORDER
DOI:
https://doi.org/10.51891/rease.v10i1.12911Keywords:
Proofs. Admissibility. Legality.Abstract
This article aims to analyze the possibility of using, in the procedural sphere, the body of evidence arising from an unfounded and merely speculative investigation and evidences that are found fortuitously in the course of a legally authorized investigative activity. For this purpose, it is necessary to carry out a legal survey of the effects of admissibility and lawfulness of these evidentiary elements, through the qualitative method, using bibliographical research, in order to not only characterize in general terms what fishing expedition would be and the serendipity, but also the jurisprudential understanding of the Superior Court of Justice in specific cases, which allows the use of the evidence obtained, as long as individual guarantees are respected.
Downloads
Published
How to Cite
Issue
Section
Categories
License
Atribuição CC BY