THE GUARANTEE OF NO SELF-INCRIMINATION IN THE BRAZILIAN CRIMINAL PROCEDURE

Abstract

The principle of non-self-incrimination, also expressed by the aphorism nemo tenetur se detegere, consists in the guarantee that no one is obliged to incriminate himself or to produce evidence against himself. The suspect or accused person may not suffer any harm for failing to collaborate with the persecutory activity or for exercising the right to silence when he is given the opportunity to practice self-defense. Reflexively, this right represents a guarantee of quality control and suitability of the evidentiary material, as well as the motivation of court decisions. Privilege against self-incrimination represented the evolution of the accused as a subject of rights, it marked the civilizing advance against the abuses of the inquisitive system. The Federal Constitution of 1988 explicitly included the right to silence in the list of fundamental rights and guarantees, a core element of the principle of non-self-incrimination. Furthermore, jurisprudence and doctrine have been unveiling new facets of this privilege. Thus, the present work intends to make a brief historical analysis of the guarantee of non-self-incrimination, demonstrate its consequences, who it is intended for, as well as expose some of its particularities.