THE PARTIAL UNCONSTITUTIONALITY OF RULE Nº 11.690/08 - REFORM OF EVIDENCE OF CRIMINAL PROCEDURE CODE

Abstract

Undoubtedly the study of proof in criminal proceedings is a shooting field, generating endless controversies in doctrine, vacillations by the legislature and the need for uniformity in the case law. Within this theme, it brings to the fore the changes inserted in the Law nº 11.690/08, which confirmed the American theory of the fruit of the poisonous tree, the Brazilian legal code of criminal, arising Procedure and forms its relativization. Research on screen, making use of a method of qualitative analysis, using the methods of hypothetical-deductive approach of descriptive and analytical character, the bottom line is to analyze the constitutionality of hypotheses mitigation bypass illegal evidence, inserted by Law nº 11.690/08

Keywords

• Unlawful evidence
• Fruits of the poisonous tree
• Mitigation
• Unconstitutionality
• Law nº 11.690/08