Illicit evidence in criminal procedure and the fruit of the poisonous tree doctrine

Abstract

This is an exploratory research whose object of study was the institute of illicit evidence and the theory of the poisoned tree fruits. The study addressed the issue of the (in)admissibility of illicit evidence in criminal proceedings and the legal consequences of using illicit evidence and evidence derived from illicit sources in criminal proceedings. It was demonstrated during the study that the principle of legality is one of the pillars that support the Rule of Law. According to this principle, illicit evidence cannot be used in criminal proceedings as it violates the constitutional rights of the accused. Furthermore, the theory of the poisoned tree fruits, our study topic, is one of the techniques used to exclude evidence obtained illegally. According to this theory, evidence obtained unlawfully is not accepted by the Brazilian legal system, as stated in Article 157, § 1 of the Criminal Procedure Code, making them inadmissible evidence. As for the methodological procedures, the research adopted bibliographic and documentary studies (secondary sources), and the methodological approach adopted was qualitative.