Limites constitucionais do direito ao silêncio: intepretação do Supremo Tribunal Federal com aproximações à doutrina do direito como integridade de Ronald Dworkin

Abstract

This article aimed to identify the rationality and all its extension (subjective and objective) dispensed by the Federal Supreme Court in the interpretation of the right to silence, with emphasis on the hard case HC n. 204422/DF. From the historical understanding of the right to silence, from the formal-medieval origins, it faced the theoretical problem that underlies the hermeneutic choice by the Constitutional Court in its decisions. Using the hybrid, inductive and deductive methodology, and the bibliographic and document review procedure, it identified which philosophical dogmatics applied by the Federal Supreme Court is suitable for jurisprudential construction that gives effective legal certainty to the national order, that is, if it is aligned with the theory of Law. as Ronald Dworkin's Integrity or based on the construction of more casuistic and effective responses, under the neopragmatist approach.