SERENDIPITY AND THE LIMITS OF ITS APPLICABILITY IN RELATION TO THE STATE

Abstract

This article analyzes serendipity within the scope of Brazilian Criminal Law, understood as the fortuitous discovery of evidentiary elements during investigations duly authorized by the Judiciary. The topic is particularly relevant given the ongoing tension between the efficiency of criminal prosecution and the need to preserve the fundamental guarantees ensured by the 1988 Constitution of the Republic. The general objective of the study was to analyze the limits of the applicability of serendipity in light of constitutional principles and fundamental guarantees, seeking to understand to what extent the use of evidence obtained fortuitously by the State can be admitted without compromising due process and individual rights. The methodology adopted was an integrative literature review, with a qualitative approach, through a systematic analysis of doctrinal works, relevant legislation, and jurisprudence of the superior courts, especially the Supreme Federal Court and the Superior Court of Justice. The results showed that the admissibility of fortuitous evidence is legally possible, provided that rigorous criteria are observed, such as the legality of the original investigation, thematic relevance, the absence of misuse of purpose, and respect for the principles of adversarial proceedings and full defense. It is concluded that serendipity has conditional and exceptional applicability, and should be interpreted restrictively to avoid undue expansion of the state's investigative power and to ensure compliance with the constitutional model of due process.