Sharing Without Judicial Authorization of Financial Intelligence Reports and Serendipity

Abstract

This paper presents a study on serendipity or chance encounter in criminal proceedings. Initially, through a bibliographic analysis of the topic, it appears that the better part of legal doctrine believes that proof of a crime related to the main crime being investigated must be admitted. Then, the current jurisprudence of the STF and STJ is analyzed, which dismisses imprisonment as punishment for fortuitous crime and advocate the broad admission of evidence, even if there is no such connection. Subsequently, the judgment of RE 1055941 / SP is analyzed, in which the STF considers the evidence obtained through serendipity as valid evidence. In the end, it was possible to conclude that based on the aforementioned ruling, there needs to be a connection between the infraction sought and the one found casually. It is considered fundamental for the attribution of evidential value to the element found fortuitously the absence of deviation of purpose in the execution of the investigative measure or the clear existence of connection between the infractions. For the development of this article, bibliographical research and review were used, and the analysis of legal doctrine and jurisprudence were fundamental to achieve the objective of the proposed research.