THE RIGHT OF PROTECTION AGAINST SELF-INCRIMINATION

Encouraged by a recent project of the research group Modern Trends in Criminal System (Série Direito Penal Baseado em Casos) and by contemporaneous European publications (Eser and Burkhardt, Sánchez-Ostiz Gutiérrez), this paper draws on the inductive method to explain the criminal procedure right of protection against selfincrimination (nemo tenetur se detegere). The text analyzes the right’s instrumentalization by the Brazilian Superior Courts, it presents a possible categorization of the hypotheses of self-incriminating evidence formation, it points the consequences of evidence formation through the right’s violation and, in the end, it offers open questions for reflection. The article is the result of a basic, qualitative, descriptive and documental research – therefore, with greater emphasis on court decisions compilation than on doctrinaire references.