A aplicação da Teoria dos Frutos da Árvore Envenenada no processo penal brasileiro: análise crítica e implicações jurídicas

Abstract

It is essential to discuss the importance of analyzing the application of the Poisoned Tree Fruit Theory, the doctrine defends that all evidence resulting from illicit evidence is contaminated by this defect. For this, initially, a detailed conceptual review of the theory is used, highlighting its origin, foundations and jurisprudential evolution in the Brazilian legal system. Next, emblematic cases in which the theory was applied are analyzed, examining the legal and social impacts resulting from their decisions. A critical approach is used to evaluate the effectiveness and coherence of the application of this theory, taking into account its ethical, legal and practical aspects. Furthermore, the legal implications and consequences for due legal process, the right to full defense and contradictory proceedings, as well as the search for real truth within the scope of the Brazilian criminal system, are discussed. Finally, reflections and recommendations are proposed to improve the application of the Fruit of the Poisoned Tree Theory, aiming to guarantee the effectiveness of criminal justice and the protection of citizens' individual rights.