A mitigação do uso das provas ilícitas nos casos de crime organizado

Abstract

The present work deals with mitigating the use of illicit evidence in cases of organized crime and aims to examine the legal and social implications of this practice. Initially, an exposition is made on the concept of organized crime and its particularities, emphasizing how these organizations are organized in a way analogous to legitimate institutions. The study raises questions about the restrictions of this principle in the face of the reality of organized crime, arguing that, in extreme circumstances in which it is impossible to collect evidence due to the dominance exercised by these entities, the acceptance of evidence obtained illicitly can be justified in the interests of public security and justice. Finally, the study emphasizes the importance of harmonizing the defense of individuals' fundamental rights with the urgent need to confront the impunity of criminal organizations