Interpretação sistemática da condução coercitiva do acusado: releitura do artigo 260 do código de processo penal

Abstract

The purpose of this study is to determine the real limits that should be conferred on the coercive conduct of the accused in criminal procedure, a possibility provided for in article 260 of the Code of Criminal Procedure, so that the institute can fully respect the guarantees constitutionally provided for the defendant. Based on the assumptions of such guarantees, guided by the principle of nemo tenetur se detegere, and using a theoretical-legal research in methodological research, it was concluded that the rule in the foreground contains rules that go beyond the correct limits of the national legal system when interpreted in the light of the guarantor's assurances in criminal case. Throughout the discussion, the typical means of proof on criminal procedure are always dealt with in the sense of seeking the possible application of the coercive conduct of the accused, making it clear that, even in cases where this possibility was glimpsed, the accused would have the possibility to refuse contribute to the probative production, serving forced conduct only to bring the accused to the presence of the competent authority.