A verdade real e o direito de não produzir provas contra si mesmo no processo penal

Abstract

The objective of the study is to examine the coexistence in our criminal proceedings, the right granted to the defendant not to produce evidence against himself and the search of the real truth, based on the positions presented by the doctrine and jurisprudence. The methodology consisted of the reading and analysis of books, journal articles, monographs, master's theses and publications that address the issue, as well as judged coming from our patriotic courts. This fact, main objective of criminal activity, fully coincides with the events, it becomes utopian, and you can only reach an approximate truth. This search may not occur at all costs, and it is imperative respect for basic fundamental rights of our legal system, especially the nemo tenetur se detegere, unexposed explicit way in the Constitution, but represented by one of its main derivations, namely the right to silence, as well as in international instruments adopted by Brazil. The analysis of this prerogative, as well as their application, are essential to the preservation of our constitutional order, protecting the individual against the state power.