Relatório de estágio curricular no Juízo Central Criminal de Lisboa:

• Autor(a) principal: Passos, Joana Luísa de Abreu Oliveira
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/159946
• topic: Juízo Central Criminal de Lisboa; Relatório de estágio curricular; Proibições de prova; Particulares; Gravações e fotografias ilícitas; Meios de prova; Central Criminal Court of Lisbon; Curricular internship report; Exclusionary rules; Private individuals; Illegal recordings and photographs; Evidence; Direito

This report arises as the result of a curricular internship carried out in the Central Criminal Court of Lisbon during a period of four months. Throughout the internship it was possible to witness various types of proceedings, to consult the respective files and to study the legal issues that were raised. But in addition to a short demonstration of the experience that was acquired, this report also includes an investigation focused on the issue regarding the admission of recordings and photographs obtained by private individuals as evidence in criminal procedures, which revealed a diversity of criteria used to make an affirmative judgement regarding the possibility of using this material as evidence, given its undeniable probatory potential. In this regard, the exposition begins with an analysis of the issue of the linkage of the private individuals to exclusionary rules legal regime, followed by an allusion to the criteria used by legal literature and case law to rule out the illegal nature of recordings and photographs assumed by article 167 of the Code of Criminal Procedure, as a condition for their acceptance as evidence, and it finalizes with a position statement on the following three aspects: (1) the need to rule out the illegal nature of recordings and photographs both in terms of the act of obtaining and of the act of using them; (2) the election of the state of necessity as a criteria worthy of preferential mobilization; (3) the rejection of the automatic admission as a form of evidence of the recordings and photographs that are legally permitted.