CRITICAL CONSIDERATIONS ON THE EVIDENTIARY SYSTEM IN BRAZILIAN CRIMINAL PROCEDURE: THE EXCLUSION RULE, TESTIMONIAL EVIDENCE, AND THE CHALLENGES OF DIGITAL EVIDENCE

Abstract

This article critically analyzes the evidentiary regime in the Brazilian criminal process, focusing on the tension between the efficiency of criminal prosecution and the protection of fundamental rights. The investigation addresses the rigidity of the exclusionary rule for illicit evidence in Brazil, contrasting it with exceptions from North American jurisprudence and defending its maintenance as a safeguard of the Rule of Law against state abuses. Simultaneously, it discusses the fragility of testimonial evidence through the lens of the psychology of testimony, suggesting the adoption of objective "standards of proof" to mitigate judicial subjectivism and the risk of false memories. Finally, the study examines challenges posed by new technologies, highlighting the illegality of mirroring digital communications without a specific legal basis and the importance of strict compliance with the chain of custody to ensure evidence reliability in the current technological landscape.