A captação ambiental clandestina feita por terceiros em favor da vítima: análise de sua (im)possibilidade na jurisprudência brasileira

Abstract

This work was developed based on environmental investigation, carried out by third parties in favor of the victim, due to the possibilities of using illicit evidence, according to jurisprudential understandings of the Federal Supreme Court and Superior Court of Justice. The main objective was to understand acceptability as an exception or not to illegal evidence in matters of criminal procedural law, as well as to understand the consequences of its use, the guidelines for its approaches and admissibility situations. The study method used is inductive, which was carried out through bibliographical, documentary and jurisprudential research. In the end, it was clear that there is no correct answer to whether or not the problem should be applied, given the doctrinal divergences and decisions on the subject that have not been pacified, where each specific case must be analyzed individually, and not in a generic and universal way.