VIOLATIONS OF DUE LEGAL PROCESS DUE TO THE ABSENCE OF “MIRANDA RIGHTS”: POSITION OF THE SUPERIOR COURTS ON THE SUBJECT

Abstract

The present work aims to analyze the position of the Superior Courts of Brazil regarding the consequences for the criminal process due to the lack of information to those accused of practicing criminal offenses regarding their rights, in particular the right to silence provided for in the Brazilian legal system, set out in norms infra-constitutional, constitutional and conventional, at all stages of the process, including at the time of arrest or police approach, preserving the individual's right of non-self- incrimination known as "Miranda Notices", whose nomenclature originated in a case considered by the Supreme Court which culminated in the annulment of a process in which the right to silence was not guaranteed to the accused. The method used was the inductive approach using a literature review and research in judgments of the superior courts of Brazil, in order to verify whether the absence or insufficiency of the right to non-self-incrimination will cause damage to the continuation of the process under penalty of annulment of the evidence obtained. , leading to the annulment of the penalty imposed in case of conviction of the accused or investigated, as a result of the violation of the principle of due process of law.