THE (IN) CONSTITUTIONALITY OF WAIVER OF THE RIGHT TO SILENCE

WRITING OF ARTICLE 4, §14, OF LAW 12.850/2013 – CRIMINAL ORGANIZATIONS LAW

Abstract

This article analyzes the provision contained in the Criminal Organizations Law that, When disciplining the institute of rewarded collaboration, inserted a provision conditioning the conclusion of the agrément to the resignation by the collaborator of his fundamental right to silence. The objective is to verify if the norm is constitutional or not. After a brief analysis of the chacacteristics of fundamental rights, data were brought about the fundamental right not to produce evidence against oneself, whose right to silence is one of its developments. In addition, we invoque the possible reasons that led the odinary legislator to write the device under study. We also went through the study of the doctrine that advocates the tehsis of the unconstitutionality of the device anda the doctrine that defendes the constitutionality of the norm. finally, it can be concluded that the device object of study is constitutional, provided that some premises are stablished, and na adequacy of the norm to the Constitution is even suggested.