Fishing expedition and its incompatibility with the production of evidence in the criminal procedure

Abstract

The search for the truth is fundamental in criminal proceedings and must respect individual rights and Brazil's constitutional principles. The production of evidence is crucial in criminal procedure law, but there is a fine line between the use of legal means and actions outside these limits, such as the practice of "fishing expedition". This article explores the compatibility of fishing expeditions with the production of evidence in criminal proceedings, questioning whether it is possible to use evidence found in this way. Using deductive methodology, which starts from generalizations to specific questions, the study seeks to understand the implications of this practice in a Democratic State of Law.