A fishing expedition nas ações policiais: os prejuízos da ausência de fundadas suspeitas para o processo

Abstract

A fishing expedition – translated as "pesca probatória" in Portuguese – refers to the indiscriminate search for evidence with the aim of incriminating an individual, however, in the investigation there is no defined objective. However, such conduct is not admitted in the Brazilian legal framework, since for the feasibility of investigations in Brazil, a specific pur-pose is necessary and all evidence that comprises the criminal process must be legally obtained. The purpose of this work is to demonstrate that the impact of gathering evidence in police actions is not always based on legality, as is the case with personal and home searches without reasonable suspicion, commonly undertaken by law enforcement agen-cies. It is also proposed to demonstrate the controversies surrounding the consent of the resident for the entry of police agents into their home, including a discussion recently held in the Supreme Federal Court. Finally, from the perspective of procedural nullities generated by these illegal actions, the aim is to clarify the damages caused to society and to the de-fendant himself, who undergoes the arduous criminal process only to be acquitted due to abuses committed even before the start of the procedural journey.