Licitud de prueba derivada obtenida de prueba originaria ilícita.

Abstract

The evidence, being a tool that allows the truth of the facts to be revealed, acts or affirmations in a judicial process, have been a continuous development with respect to its notions, conceptualizations, the same that are separated between its development in relation to the truth and its development as an instrument for the practice, rapid and favorable resolution of the conflict; and, more than anything, of its treatment in the trial. The systems of evaluation of the evidence subject to the consideration of the legislator with the legal evidence or the consideration of the judge with the sound criticism, lend very marked criteria for the use of the evidence in the process. When the evidence of the legitimacy is being questioned, it could be subject to transgressions of fundamental rights by the means used to obtain it, which would classify it as illicit, but not necessarily illegal. The doctrine and jurisprudence show numerous positions regarding the treatment of evidence of an illicit nature, to the point of developing two really important main models, such as the North American and the European. As a result, the rules of exclusion were opening up, which would put a barrier in the treatment of illicit evidence. However, this was only the trigger for jurists to find unresolved problems, problems that revolved around the evidence derived from the tests declared illegal, thus marking the subsequent and necessary development of the criteria of exception to the rule of evidentiary exclusion.