Civil liability, illegality of evidence, and the dignity of the human person analysis of Civil Appeal No. 70006974711 and the dialogue of sources
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Abstract
This article analyzes the relationship between civil liability, the illegality of evidence, and human dignity, based on the Civil Appeal No. 70006974711. The discussion addresses the collision between fundamental rights, such as the right to evidence and the right to privacy, in light of constitutional principles and the dialogue of sources. The inadmissibility of illegal evidence in civil proceedings is highlighted, even in morally relevant cases, considering that the protection of human dignity must prevail. Through doctrinal and jurisprudential analysis, this study seeks to demonstrate how civil liability can serve as an instrument to harmonize the rights involved while respecting the constitutional values that underpin the Brazilian legal system.