Fundamental aspects of illegal evidence in the justice process

Abstract

The following article addresses one of the biggest controversies in criminal law: the use of illegally obtained evidence; the main objective is to analyze how the lack of clarity in the rules affects its admissibility in criminal trials, in addition, key concepts such as the poisoned tree fruit theory, the exclusion rule and the arguments that justify or limit the use of this evidence are explored; the research was based on a qualitative approach, following the PRISMA protocol to carry out a systematic review of legislation, jurisprudence and recent studies, searches were carried out in databases such as Scopus, SciELO and Google Scholar, focusing on publications from the last five years; The results show that, although illegal evidence is often excluded to protect fundamental rights, in some judicial systems it is accepted under certain conditions, such as good faith or inevitability, which generates debates on justice and procedural guarantees. The illicit trial concludes from the infringement of legal norms resulting from the violation of the rules of general legislation, so the finding of the material truth must be achieved according to the requirements, assumptions, and restrictions imposed by the legal systems of each state, in order to maintain judicial integrity and avoid sentences that lead to the release of the guilty and unjustly convict the innocent. However, there may be exclusions for the following reasons: to protect the rights of the victim and the repair of the violated good, according to American jurisprudence