THE ADMISSIBILITY OF ILLEGALLY OBTAINED EVIDENCE IN FAVOR OF THE DEFENDANT IN BRAZILIAN CRIMINAL PROCEDURE: A STUDY ON THE PURSUIT OF FACTUAL TRUTH, THE PRINCIPLE OF PROPORTIONALITY, AND THE PROTECTION OF HUMAN DIGNITY IN THE FACE OF LEGAL FORMALISM

Abstract

This article analyzes the possibility of admitting illegal evidence in favor of the defendant in Brazilian criminal proceedings, considering that criminal procedure must ensure not only prosecution but also the protection of the defendant’s fundamental rights and guarantees. Based on principles such as human dignity, proportionality, and in dubio pro reo, it argues that, in exceptional situations, the use of illegal evidence may be admitted when it is the only means to prove innocence, thus preventing unjust convictions. The study is grounded in national doctrine and comparative legal analyses, emphasizing the pursuit of real truth and material justice as pillars of the Democratic Rule of Law. It concludes that the admissibility of illegal evidence pro reo must occur in a restrictive and cautious manner, through rigorous analysis of each case, ensuring the prevalence of procedural ethics and the protection of the innocent.