admissibilidade da prova ilícita no processo civil a luz do princípio de proporcionalidade

• Autor(a) principal: Marcos, Cleris
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5663
• topic: prova ilícita; princípio da proporcionalidade; processo civil

It is undeniable that with the promulgation of the 1988 Federal Constitution, a series of fundamental principles and guarantees emerged that aim to ensure the dignity, freedom and equality of the individual. These principles and guarantees are enshrined in the process of relating this individual to the society to which he belongs. If the Constitution deals with the right to that individual freedom, as it actually does, it questions, however, the means by which they can be tried and effectively admitted to the illicit evidence in the process. Based on this reality, this final course work aims to analyze the admissibility of illicit evidence under the focus of the principle of proportionality in cases in civil areas, whose specific objectives are the analysis of illicit evidence by derivation and its practical consequences , as well as, the examination of the flexibility of the doctrine with respect to the admissibility of these tests under the perspective of the principle of proportionality. To achieve these objectives, the hypothetical-deductive method was used as a methodological instrument, in order to analyze the illicit evidence in the civil process, thus using techniques of bibliographic and legislative revision, paying attention to the principle of proportionality. Therefore, there is a broad discussion on the subject in the legal sphere, since, on the one hand, the Federal Constitution expressly disallows, in the process, the evidence obtained through illicit means (art. 5, LVI), but on the other, part The doctrine speaks of relativization, since fundamental rights would not have an absolute character, which is why the discussion on the theme raised in this course conclusion work is justified by its importance.