O princípio nemo tenetur se detege e as intervenções corporais no Direito Processual Penal brasileiro: uma análise constitucional

Abstract

This thesis aims to analyze Brazilian evidentiary system and constitutional principles inherent to it, in order to examine the need of the accused's consent, for the production of evidence involving bodily intervention and what are the consequences of this possible intervention. Thus the individual is at the mercy of his own luck in this matter and it can generate a large violation of privacy and all guarantees inherent to it, behold, the mere fact that an individual is a defendant in a criminal proceeding, already generates a situation of vulnerability. The present research faces the consistent divergence in whether the accused may or may not be legally obliged to cooperate with the production of such evidence, even though it can be harmful to his defense. The discussion revolves around constitutional and procedural guarantees and principles.