REAL TRUTH VS. LEGALITY OF EVIDENCE: A CRITICAL ANALYSIS OF THE ADMISSION OF ILLEGAL EVIDENCE IN BRAZILIAN CRIMINAL PROCEEDINGS

Abstract

This article analyzes the tension between the search for material truth and the constitutional prohibition of admitting illicit evidence in Brazilian criminal procedure. The research is based on the hypothesis that the use of illicit evidence, even in the name of truth, violates fundamental rights such as the adversarial principle, the right to a full defense, and legal certainty. The methodology is bibliographical, using doctrine, legislation, and case law. The study concludes that material truth must be pursued within legal and constitutional limits, ensuring a fair and impartial criminal procedure.