Modernos contornos do NEMO TENETUR SE DETEGERE no direito brasileiro: notas sobre o suposto direito de mentir.

Abstract

The objective of this study is to analyze the current contours of the principle against self-incrimination in the Brazilian law, best known as nemo tenetur se detegere in Latin, by doctrinal research, judicial and legislative. The study, based on the historical origin, seeks to analyze the instrumentalization of this principle by the major courts of the country, as well as the contours conferred by doctrine, seeking to list the main hypothesis of right claim by analyzing the law discipline of the right not to produce evidence against himself in the trial system. The work demonstrates that the applicability of nemo tenetur detegere is not restricted to the right to silence. The research faces the consistent difference to know about the accused can or can not lie on proof production, through the manifestation of freedom. The discussion revolves around guarantees and constitutional and procedural principles, as on the one hand, the instrumental earmarking remain assured and on the other, the interest of the state and social in criminis persecutio.