TJCE rules defendant may exercise selective silence during interrogation

The Court of Justice of Ceará (TJCE) has ruled that a defendant accused of receiving stolen goods has the right to exercise selective silence. The 4th Criminal Chamber unanimously declared the nullity of a previous procedural closure, ruling that preventing a defendant from answering only their own defense counsel constitutes a violation of the right to defense.

The decision follows a habeas corpus petition filed after a judge in São Gonçalo do Amarante refused to allow the defendant to remain silent during questions from the court and the Public Ministry while still answering questions from their legal representative. The court ruled that the right to silence does not need to be absolute and that defendants may choose to respond exclusively to their own defense to maintain strategic control over their testimony.