O direito ao silêncio parcial ou seletivo no interrogatório judicial: uma análise do atual entendimento dos Tribunais Superiores

Abstract

This monograph aims to analyze the Superior Courts understanding of the right to partial or selective silence in the context of police and judicial interrogation, seeking to understand whether or not it is compatible with the Brazilian legal system. This work will use a qualitative approach, which is useful to analyze the courts' understanding of the right to partial silence in light of constitutional principles and doctrine, adopting the procedure of bibliographical and documentary review with content analysis of court jurisprudence superiors. To this end, we initially sought to understand the origin of the right to silence, its historical evolution and reception in Brazil, associating it together with other principles such as the principle of human dignity, the principle of due legal process, the right to full defense and the principle of presumption of innocence. Afterwards, it dealt with the right to silence already consolidated in Brazil with the Federal Constitution of 1988 and the Code of Criminal Procedure of 1941, its consequences for police and judicial interrogation, during the police, in addition to the relationship between the right to silence and the defendant's appearance during interrogation and the silence of the victim, the limits of applicability of the right to silence and some pertinent topics such as the right to lie and confession partial. Finally, we sought to analyze the right to silence in higher courts. Based on recent decisions from the last three years, both in the STJ and in the STF, the understanding of the possibility of the defendant choosing to exercise the right to silence in the selective or partial modality has been consolidated, emphasizing interrogation, as a means of defense, giving the accused has the prerogative to answer all, none or some questions, with the defense choosing the strategy that best suits them.