Efeitos de sentido do silêncio em interrogatórios judiciais brasileiros: quem cala consente?

• Autor(a) principal: Lapolli, Karla da Rosa
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/3411
• topic: Discurso; Silêncio; Acusado; Interpretação

This dissertation aims to verify if the preconstructed of the guilt has influenced, veiled though, the decisions of criminal procedures where the accused wields the right to silence. Being concentrated in description and interpretation, this research is essentially qualitative, based in selected bibliographies that was designed to be the best for the stated objectives. The mentioned right to silence was granted by the Article V, Item LXIII in the Brazilian Constitution of 1998, being inserted in the title referring to the fundamental rights and guarantees; and governed by the article 186 of the Code of Criminal Procedure. This provided the accused’s silence will not be considered as confession, as well as cannot be interpreted as prejudice to the advocacy. We noticed in the interrogatory that the attempt of stabilizing the interpretation in the silence of the accused or even interdicting the interpretation of this discourse, as legally purported, is an unattainable utopia and the editing of the rule arguably exists as an appliance to assure the order. Through the eyes of discourse analysis, we invested to study the preconstructed of the guilt, the ideology that befalls upon the accused’s discourse, just as the possible origin and arising of the popular saying “silence gives consent”. In addition, we studied how the production of sense and its interpretation happen and the role that context performs to the effects of a discourse. Those allowed the analysis of three judgements that express jurisprudence whereby the respondents remained silent, as well as an interrogatory where the accused answered the questions from the court. From the point of view of discourse analysis, this research allowed to conclude that even facing the legal interdiction, it is inviable trying to restrict the interpretative gesture. The possibility to restrict its mention is only possible during the fulfillment of the criminal procedures actions, intending to avoid the annulment of these mentioned actions. Finally, this interpretation arise from the place where the subject-accused is, of which we primordially expect an indignation before a false accusation.