As proibições de prova e a insatisfação da população

Abstract

The object of the present dissertation is the dissatisfaction of the population in relation to the inadmissibility of evidence. The intensification of news regarding crimes, together with new ways of social interaction throughout social networks, allow us to a wider knowledge concerning will of each citizen as each individual has an open space to express his opinion. The perspective of some citizens is that the legal penal system seems to excessively protect the accused individual rights in detriment of the revealing the truth. Therefore, we used some comments regarding some mediatic recent cases, among other the recent illegal recordings of our Minister of Home and Infrastructures, the wiretapping use in the case of Ihor Homeniuk, the plea bargaining use in Operação Marquês, and the use of the illegal gathered proof in Operação Ciberduna. Subsequently, we compared these perspectives with our legal order potentially available responses. We have concluded that, the use of more restrictive methods in obtaining evidence concerning fundamental rights, such as “hidden” methods, should only be exceptionally applied and under exceptionally predetermined conditions, in order to avoid a fall into a radical which would completely eliminate the accused process guarantees.

Date of Award	27 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)