A adequação do inflexível: a vedação às provas ilícitas no processo penal revista pela hermenêutica pós giro linguístico

Abstract

This paper aims to consider what implications would have in the exclusionary rule if we were able to get over the forms of legal reasoning and interpretation established by legal positivism and apply to such issue the inputs brought by the linguistic turn. There is also an attemptive to show how the idea of legal balancing – as proposed by professor Dr. Robert Alexy – has been misused by Brazilian courts, and, to show that even if the use was correct, it would not be enough to get over of has been settled by legal positivism.