Prova penal e sigilo profissional: análise comparativa e casuística de algumas profissões

• Autor(a) principal: Roberto Baptista de Oliveira, Edson
• Data de Publicação: 2018
• Outros Autores: Henrique Aguiar Seco de Alvarenga, Fernando
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/109
• topic: Prova. Penal. Segredo. Sigilo profissional. Profissões.; Evidence. Penal. Secrecy. Professional confidentiality. Professions.

The study intends to analyze the controversial topic of the professional secrecy, which is very often treated without much interest in criminal procedure doctrine, despite its social relevance. Therefore the identification of the interests protected by the secrecy is essential as well as a distinction between secrecy and confidentiality. The analysis of the institute in common legal matrix countries, in order to understand how the matter is treated in these nations, is also performed by analysis of the Italian, Spanish and Portuguese legal systems. Once the outlook is established, the treatment given to the matter by the Brazilian legalsystem is analyzed, with the respective criticisms as well as the establishment of a solution criterion for controversies is proposed. In view of the whole conceptual basis portrayed, a case- by-case analysis is made based on the professions of accountant, journalist, lawyer and public defender with regard to specific issues related to each one of them.