The outcomes of the acknowledgement of illegal evidence in Brazilian criminal procedures under Law 13.964/19 (Anticrime Act)
DOI:
https://doi.org/10.24862/rcdu.v12i1.1311Abstract
Law 13.946/19 introduced in the Code of Criminal Procedure the article that prohibits the judge who had access to illegal evidence to participate in the ruling of the case. This modification is connected to other changes established by the new legislation, such as the creation of the “judge of guarantees”. This articles aims to assess the effects of the new legal frame, from a constitutional perspective, based on the understanding of the evidence as a means to the psychological capturing of the ruler, using the theoretical framework provided by the “exclusionary rule” developed in the United States.
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