Aspectos penais da garantia constitucional do direito ao silêncio

• Ano de defesa: 2004
• Autor(a) principal: Jesus, Marcelo Lopes de
• Orientador(a): Marin, Eriberto Francisco Bevilaqua
• Banca de defesa: Marin, Eriberto Francisco Bevilaqua, Santos, Nivaldo dos, Campos, Francisco Itami
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Goiás
• Programa de Pós-Graduação: Programa de Pós-graduação em Ciências Penais (FD)
• Departamento: Faculdade de Direito - FD (RG)
• País: Brasil
• Palavras-chave em Português: Direito ao silêncio; Princípio da não auto-incriminação
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://repositorio.bc.ufg.br/tede/handle/tede/7280

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.