🔴 Juiz impede o exercício do direito ao silêncio parcial do réu

With the need for online hearings, which can be recorded, several judges have been exposed as still adopting the presidential system when questioning defendants. They claim that the questions during the interrogation are asked only by the judge. Therefore, the Public Prosecutor's Office and the defense merely supplement the interrogation. Thus, with this understanding, the defendant would not have the right to answer only the questions posed by his or her attorney, since there would be no interrogation and, therefore, no need to supplement the interrogation, which, in the judges' view, never even existed. The presidential system has not been adopted since the 2008 reform of the Criminal Procedure Code. That is, although the wording of some articles allows for this interpretation, the spirit of the reform was to strengthen the adversarial system, maintaining the judge as an impartial subject in criminal proceedings. Therefore, any decision that denies the defendant's right to be questioned and only answers the defense's questions is clearly void, pursuant to Article 564, IV, of the Criminal Procedure Code, with obvious harm to the defendant. Follow us on Instagram: @Nascimentopeixotoadv @davidnmadv