ESTUDO DO SILÊNCIO DO RÉU NO PROCEDIMENTO DO INTERROGATÓRIO E SUAS POSSÍVEIS CONSEQUÊNCIAS NA PERSECUÇÃO PENAL DEVIDAMENTE CONSTITUCIONALIZAD

Abstract

The striking feature of modern criminal procedural law is that the defendant is considered a subject of rights and enjoys the supreme principle of human dignity, which is gradually conquered. From the understanding of the fundamentals of the protection of the right to silence, confronted with the guiding principles of a democratic country of law, a coordinated logic emerges from the instillers, legislators and operators of the right to solidarity. The interrogation of the accused in criminal proceedings is an opportunity for the authorities to hear the accused's facts and exercise the right of self-defense, since ancient times, major changes have occurred in the procedural system. The accused is no longer seen as an object of evidence, but as a subject of rights, so that the right to silence is increasingly accepted as a guarantee of intimacy, mainly as a corollary of the principle against self-incrimination. Research on the principles of respect for the right to silence and its effects on interrogations highlights the need for debate on the subject, such as the relationship with self-incrimination, because the interviewee is always faced with answers that can harm him. The right not to be compelled to testify against him allows the defendant not to collaborate in the production of evidence, the translator exercises the right to protect privacy and inertia, especially the spontaneous behavior of the defendant, in this way the present work is about this complexity. The article was prepared from bibliographic research and it will be presented, in an informative and contextualized way, the proposed theme from discussions about the right to silence and non-self-incrimination in the Brazilian legal system