Selective silence as a means of ensuring full defense: an analysis in light of the Superior Court of Justice

Abstract

The right to adversarial proceedings and full defense is guaranteed by the Brazilian Federal Constitution. Within this context, the possibility of selective silence—recognized by the Superior Court of Justice—emerges as a legitimate defense strategy. This paper aims to analyze these constitutional principles in the Brazilian legal system. As a general objective, it offers a brief overview of the historical evolution of the right to defense, including periods marked by authoritarian regimes and distinct procedural models. Specifically, it examines the role of selective silence in light of Superior Court jurisprudence. The methodology is based on a systematic literature review, including legal doctrines, academic articles, and case law. The study concludes that selective silence is a natural extension of the right to remain silent, as provided in Article 5, Section LXIII of the Constitution, and does not violate the legal order—serving instead to strengthen the guarantees of due process.