Aspectos penais da garantia constitucional do direito ao silêncio
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2004-10-15
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Universidade Federal de Goiás
Resumo
The purpose of these study is to make an evaluation of the right to remain in
silence, raised to the condition of constitutional guarantee by Federal Constitution of 1988,
trying to understand it´s reach, range of application and implications in Criminal Processual
Law, Constitutional Law and in Crimanal Law. It was made, initially, a analisys of the silence
itself, takin it in its phisicals, psicologicals, linguistics and semiotics aspects, afterwards, it
searches to identify silence as a manifestation of will, and not only as a simple act of remain
quiet, reaching, finally, the comprehension of the juridical aspects of the right to remain
silente. To understand the reflects of the right to remain silent in the different branchs of Law
observed, it was necessary an historical and evolutive analisys of the right to remain silent, in
several moments of history, as well as in other countries, to evaluate it´s incidence in present
Law. This analisys permited perceive the right to remain silent, as an extension of a greater
principle, that one as no one should be compeled to produce proof against himself, bringing
immediate impact in probatory production and interrogation. These one should be, more and
more, took as a way of defense, not as a way of proof, and it falls to the accused evaluate the
convenience, or not, to remain quiet. At the end, it reachs the conclusion that the right to
remain in silence is part of a bigger juncture, that affects processual instruction ethics itself
and policial inquest, derivative from a clear option, made by the Constitutional Legislator, to
promote a probatory instruction, guided by all means of defense and, principally, by the
principle of presumption of the state of innocence, serving, as well, as boudaries to the edition
of ordinary laws, as it appears as a fundamental right.
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JESUS, M. L. Aspectos penais da garantia constitucional do direito ao silêncio. 2004. 138 f. Dissertação (Mestrado em Direito) - Universidade Federal de Goiás, Goiânia, 2004.