Direito de não produzir provas contra si mesmo: a compatibilidade do crime de perjúrio com o ordenamento brasileiro e o princípio do Nemo tenetur se detegere

Abstract

Perjury is adopted by some countries to criminalize the conduct of those who deny the truth or make false statements. In Brazil, the Federal Deputy Hélio Costa has proposed the criminalization of perjury. Thus, this work aims to identify the compatibility of the crime of perjury with Brazilian law through the analysis of doctrine, legislation, jurisprudence and comparative legal analysis based on the laws of the United States, England and Germany. The conclusion is that the crime of perjury could be adopted by Brazil. Additionally, suggestions were made for better adaptation of the classification to the Brazilian scenario. Finally, the possibility of imposing a fine for bad- faith litigation in criminal proceedings was addressed, concluding that such punishment is inappropriate, as it would involve an analogy in malam partem. However, contrary to the position adopted by the Brazilian Supreme Court, there were sufficient indications that lies could be used to worsen the defendant's situation in legal circumstances, leading to an increase in the base penalty