Habeas Corpus Nº 90.298/rsHabeas Corpus Nº 90298/rs

Ação penal. Prova. Ilicitude. Caracterização. Quebra de sigilo bancário sem autorização judicial. Confissão obtida com base na prova ilegal. Contaminação. HC concedido para absolver a ré. Ofensa ao art. 5º, inc. LVI, da CF. Considera-se ilícita a prova criminal consistente em obtenção, sem mandado, de dados bancários da ré, e, como tal, contamina as demais provas produzidas com base nessa diligência ilegal.

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Ação penal. Prova. Ilicitude. Caracterização. Quebra de sigilo bancário sem autorização judicial. Confissão obtida com base na prova ilegal. Contaminação. HC concedido para absolver a ré. Ofensa ao art. 5º, inc. LVI, da CF. Considera-se ilícita a prova criminal consistente em obtenção, sem mandado, de dados bancários da ré, e, como tal, contamina as demais provas produzidas com base nessa diligência ilegal.

Rel. Min. Cezar Peluso

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