Aquisição de prova transnacional

: da admissibilidade da prova obtida no estrangeiro

Abstract

Given the growing and emerging development of cross-border crime, which has been evolving in the Schengen area, and the harmonisation of the European area - pillars of the EU - there is a need to understand how the construction of judicial cooperation in criminal matters contributes to the effectiveness of the fight against cross-border crime. Thus, after analysing the most relevant mechanisms for obtaining evidence within the EU, and briefly introducing the entities that participate in it, this research aims to analyse the issue of obtaining transnational evidence and the impact of possible cross-border constraints on its acquisition which, in turn, may affect its admissibility in Portuguese evidential law. The complexity and topicality of the subject led us to develop this theme in an attempt to standardise and condense information on a topic that is dissipated in a multiplicity of regulatory instruments for international cooperation. This dissertation seeks to serve the academic community with an in-depth and cohesive study on a subject that also seeks harmonisation, namely the union and cooperation of judicial authorities, to solve the growing problem of cross-border crime.

Date of Award	25 Mar 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)