THE RIGHT TO AVOID SELFINCRIMINATION

Abstract

This paper aims to analyze the right to non-self-incrimination within the Brazilian legal system, as well os its importance in preventing abuse and/or atrocities by the State and its representatives, delimiting the principle Nemo Tenetur Se Detegere. The specific objective is to point out its applicability to Brazilian Criminal Law and Criminal Procedure Law and its relationship with other procedural guarantees. The methodology used is bibliographic research, based on the analysis of laws, books, and case law related to the right to non-self-incrimination. This topic is of extreme importance not only for criminal and Criminal Procedure Law but also for society as a whole, as it constitutes a fundamental right established in Article 5, item LXIII of the 1988 Brazilian Federal Constitution.