O direito ao silêncio no interrogatório

Abstract

The modern Criminal Lawsuit has the remarkable characteristic of looking at the imputed person as someone who has rights, to privilege the biggest principle of the human being, conquered gradually. To start from the comprehension of the basis of the right to the silence, campared to the guided principle of the Democratic State of Right, emanates the logical of the doctrinal, the Legislator and the applicator of right to get together in order to give an exact application to the institute and its correspondings. The interrogation of an accused in a penal lawsuit, chance for him to be heard by the authority to present his version of the facts and to exercise his right of self-defense, since the old times, has changed a lot in its penal lawsuit system according to the ideological-social-cultural mentality of the historical moment. But the evolution of Science and Philosophy made new methods of investigation to come out. The accused started to be seen not as an evidence object but as someone who had rights. The right to remain silent started to be accepted as assurance of privacy and mainly as deduction of the principle against the self-incrimination. The study of principles which honor the right of being silent and its reflexes, and also of the investigation, makes evident the need of a discussion around the subject. It happens through the right of information, the supposed innocence, the contradiction, the wide defense, the prohibition of illicit evidences. The right to remain silent extends to all inquired person at the moment of his prision and in another case, by public officers, and also in the police investigation phase, in the instruction of the penal lawsuit and of parliamentary and administrative procedures, even when he is the witness or concerning to self-incriminative facts. So, it works in every moment that the inquired individual finds himself in front of answers which can harm him. It s a subjective public right that prevents disadvantageous interpretations against the one who is remaining silent. For its full exercise, it is necessary the information of this right to the titular and its extension as an exercise of free and aware will. The right of not being obliged to prove against himself permits to the accused not to help in producing evidences, translation of the right to preserve the privacy and inertness and specially the imputed person s spontaneous acts. And this work treats all this complexity in a unpretentious way