Análise da ponderação entre o nemo tenetur se detegere com a liberdade de imprensa

Abstract

The main purpose of this study is to highlight, based on the literature presented, how harmful and serious the direct confrontation between freedom of expression in the media and the rights of the defendant is, covering both their essential rights and the possible damages that may occur during the fair application of the law. The chosen methodology was hypothetical-deductive. To do this, we begin with a general introduction to the issue. Next, there is a brief review of the literature on how the press interferes and affects the right to silence in criminal proceedings, especially in the ordinary rite and in the jury trial. The right to silence includes the principle of nemo tenetur se detegere, which is a constitutional guarantee that protects the individual from being forced to produce evidence against himself. However, this principle is often ignored and placed in the background when the media enters the scene and influences the criminal process as a whole. Therefore, the issue in focus is the compatibility between the press and the right to silence in criminal proceedings, especially in the ordinary rite and in the jury trial