Direitos e deveres dos depoentes em comissão parlamentar de inquérito e transferência de prova para processo penal

• Autor(a) principal: Silva, Marta Ascenção da
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/144619
• topic: Comissão Parlamentar de Inquérito; inquérito parlamentar; Poderes de investigação; Direito ao silêncio; Garantia contra a autoincriminação; Transferência de prova; Direito

Deponents in Parliamentary Committees of Inquiry (PCI) face several questions regarding their rights, when faced with the obligation of having to collaborate with it, namely because they have to truthfully answer the questions that are addressed to them in a parliamentary inquiry and provide information or deliver documents that are requested by PCI. The PCI are ruled by the regime of Criminal Law, which exposes many of the issues that are aroused in Criminal Procedural Law. We are faced with circumstances that have the potential to collide with fundamental rights, so it is essential to study the rights of deponents in PCI and the duties imposed on them. It is not only urgent to know whether the invocation of the right to silence in PCI is allowed, but also to what extent the guarantee against self-incrimination is ensured for other issues that do not only concern the provision of statements. On the other hand, when the PCI are granted investigative powers specific to judicial authorities, excluding, however, the powers that are constitutionally reserved for them, and ensure that they are assisted by the judicial authorities, criminal police bodies and administrative authorities, on the same terms as the courts, this allows the PCI to have very valuable powers. And so, the elements and information that the PCI manage to obtain in the exercise of their inspection activity, attributed by the Constitution of the Portuguese Republic, comprise a valuable content that may be of interest to the judicial authorities in the investigation carried out within the scope of their criminal proceedings. To that extent, we thought important to explain whether – and in what terms – elements obtained in the context of the PCI can be moved to criminal proceedings, instituted or to be instituted against one or more defendants. Our developments are materialized in taking positions on the statements of deponents in the PCI, the delivery of documents to the PCI and the transfer of declarations and documents from the PCI to criminal proceedings.