THE RELATIVITY OR NOT OF THE CONSTITUTIONAL RIGHT TO SILENCE: FROM THE SUBDIVISION AND INTERSECTION BETWEEN PUBLIC LAW AND PRIVATE LAW TO AN INTER AND MULTIDISCIPLINARY CONSTRUCTION

This Article brings out a specific and deepened approach to the right to silence, with a focus on examining the hypothesis according to which the aforementioned constitutional and fundamental right would be relative or not. With the aim of scrutinizing the right to silence, based on an investigative stimulus provoked by a concrete situation resulting from a court decision, the study starts from the analysis of the idea of complementarity and interdisciplinarity among Public Law and Private Law, as well as between varied branches of law. And it's because the right to silence itself, better explored in the second chapter, depending on interpretations and theoretical developments, can gravitate and transit, sometimes more, sometimes less, along with Public and Private Laws. And because the right to silence is, at the same time, another right to freedom provided for in the Brazilian Constitution of 1988, its specific research in this article is preceded by a also directed evaluation of other fundamental freedoms, such as the expression of thought, among others developed in the text. Finally, considering the analyticaldeductive methodology used, supported by theories, legislation, legal norms and current concrete decisional example, this research revisits classical themes, but strengthens and innovates them with a peculiar and specific epistemological and hermeneutic exercise.