O Direito à não Autoincriminação e o emprego das prisões processuais como mecanismo de convencimento para delações premiais

Abstract

This study addressed the right against self-incrimination in contrast to the use of pretrial detentions as a strategy for inducing plea bargains within the Brazilian context, where this practice gained prominence following operations such as Operation Car Wash. The justification for this work was based on the social and academic relevance of the topic, as the use of pretrial detentions to secure cooperation from defendants has raised questions about the violation of fundamental rights guaranteed by the Federal Constitution, such as the right to a full defense and the right against self-incrimination. Socially, the abusive use of pretrial detentions undermines public trust in the justice system, especially when these practices have demonstrated the potential to risk individual rights protection in favor of public interest in resolving complex crimes. Academically, this study contributes by questioning the ethical and legal limits of pretrial detentions and plea bargains, fostering discussions that may inspire legislative reforms or more balanced procedural practices, ensuring the protection of constitutional rights without compromising the effectiveness of criminal investigations. The primary objective of the study was to analyze the impact of pretrial detentions on the exercise of the right against self-incrimination, assessing how the coercion imposed by these detentions affects constitutional and ethical principles. Specifically, it aimed to identify the constitutional principles involved, evaluate the exerted coercion and its implications on the rights to adversarial proceedings and full defense, as well as discuss the ethical and legal aspects associated with the use of detentions as a means of persuasion in criminal proceedings. Additionally, the methodology adopted involved a qualitative approach and documentary analysis of theses, articles, and case law, exploring the effects of coercion on defendants and its legal and ethical consequences. This method enabled the identification of conflicts between pretrial detentions and constitutional rights, providing a critical foundation for the debate on current practices within the criminal justice system. The main findings indicated that the abusive use of pretrial detentions undermines fundamental rights, especially the right against self-incrimination, demonstrating that practices such as prolonged preventive detention used to obtain plea bargains violate the presumption of innocence and compromise the integrity of criminal proceedings. In conclusion, the study highlighted the need for reforms in the Brazilian judicial system, suggesting alternative precautionary measures that respect constitutional guarantees and the implementation of periodic review of preventive detentions to prevent abuses and preserve the integrity of the criminal justice system.