JUDGES IMMUNITY IN FACE OF THE ILLICIT EVIDENCE: ANALYSIS OF ARTICLE 157, § 5º OF THE BRAZILIAN CRIMINAL PROCEDURE CODE

Abstract

This article aims to assess the constitutionality of article 157, paragraph 5, of the Brazilian Criminal Procedure Code, introduced by Law 13.964/2019. In this sense, through a critical analysis of the illicit evidence in the criminal proceeding, we proceed to the evaluation of its impacts in the conduct of the process, as well as in the execution of the criminal sentence and the formation of the judge's conviction. This article adds a pragmatic debate about the expansion of causes of suspicion and its impacts on the routine of the national Judiciary, especially in defense of impartiality and the better formation of procedural truth for the exercise of state punitive power.

Keywords

• impartiality
• judicial control
• illicit evidence
• criminal proceedings
• decision