Is there (un)founded suspicion? Criminal Action and Founded Suspicion in the view of the Superior Courts

Abstract

This article aims to analyze and debate what the Superior Courts interpret about the expression of well-founded suspicion, contained in §2 of article 240 of the Code of Criminal Procedure, for the purposes of validating the evidence produced in the investigation, including its comparisons at the international level. and in light of the varied procedural systems. To this end, a critical and analytical approach is used in the research, examining judicialized cases that outline the context. The predominantly adopted methodology is the review of legal reading and judicial precedents, in order to monitor the formation of binding jurisprudence. In conclusion, it was found that the complexity of the matter highlights the need for an updated legislative diploma, with specific provisions on the concept of well-founded suspicion, which regulates the production of evidence. The studies strengthen the understanding, still in stabilization, about the impact of recognizing nullities in criminal actions, mainly by Superior Courts, often disregarding that fundamental rights are double-sided.