A tipificação do crime de perjúrio no ordenamento jurídico: os excessos da mentira como mecanismo de autodefesa

Abstract

The present study will deal with changes in the Brazilian legal system, in reason of to the Bill No. 4,192/2015, which aims to classify the crime of perjury in the Brazilian legal system, within the guaranteed legal and constitutional limits. The crime of Perjury finds its legal dominance in the Penal Code of Costa Rica, United States of America, France and Germany, which have a large legal arsenal and a democratic political system, by which it is important to make a historic and comparative procedure with Brazil. The classification of perjury in the penal procedural system, presents a confrontation with the constitutional principle nemo tenetur se detegere - prohibition against self-incrimination - that is part of the list of fundamental rights and guarantees, in Article 5, item LXIII, of the 1988 Brazilian Federal Constitution. Right to silence ensures to the accused the right of not to produce evidence against himself and thus, it avoids lying before justice. Excesses of lying as a mechanism of self-defense, crimes of false witness and false expertise will be examined, published in Article 342 of the Penal Code (similar from the perspective of lying), as well as the institute of collaboration awarded according to the legislation in force.