Identifier: TFG:549
Authors: Prieto Albouy, Manuel
Abstract:
My work order degree studies an actual law term in procedural probative activities in ambit: the good faith as a limit of the theory of the fruits of the poisonous tree. It might appear in two moments of the process: when it’s been locking for evidences and acts and when these are going to be practiced. By the normative to use, when it is about investigation and practice of probable reals facts, Fundamental Rights have to been observed because they are considered as limits of them, so the consequence in these cases is the nullity of assessment during the process. Coming from North American jurisprudence, it was introduced the theory of the fruits of the poisonous tree in Spain. This theory supposes appreciate reflected effectiveness of nullity of new secondary facts. Over time it has been changing, including different exceptions based in unlawfulness connection. These exceptions include the possibility of value secondary proves, excepting the application of the theory. Such limitations are finding casual, inevitable discovery and independent source. The most recent limitation, that is the object of this study, is the good faith. It’s been appreciated in cases where the officials involved in different judicial investigations looking for material proved, convinced that they are acting correctly, they violated a Fundamental Right. But they act in good faith, and this is the reason of rectify the mistake, making possible that the Courts can appreciate the prove. With this study different judicial resolutions are been parsed, and also the doctrine about this theme. With this it can appreciated the evolution (that starts in United States f America, included later in Spain) of the exception of good faith of the fruit of the poisonous tree’s theory. So this parse shows the no unanimity and the continued evolution of this matter.
Repositori URV