Right to Silence in the Digital Age: A Global Perspective on Privacy and Justice: Foundations of Law: Global Perspectives on Ethics and Justice

Copyright © 2024 by Bonifacio Lisboa

All rights reserved. This work or any part of it may not be reproduced or used in any way without the express written permission of the author or publisher.

First edition, 2024

INTRODUCTION.....................................................................6

PRESENTATION OF THE TOPIC AND ITS RELEVANCE AT A GLOBAL SCOPE.....................6

HISTORICAL CONTEXTUALIZATION OF THE RIGHT TO SILENCE IN DIFFERENT LEGAL TRADITIONS.12

OBJECTIVES OF THE STUDY.........................................................18

THE RIGHT TO SILENCE AS A FUNDAMENTAL HUMAN RIGHT...............................22

RECOGNITION OF THE RIGHT TO SILENCE AS A UNIVERSAL HUMAN RIGHT...................22

ANALYSIS OF INTERNATIONAL DOCUMENTS ESTABLISHING THE RIGHT TO SILENCE............25

EXAMINATION OF RELEVANT INTERNATIONAL JURISPRUDENCE ON THE RIGHT TO SILENCE......32

FUNDAMENTALS AND PRINCIPLES OF THE RIGHT TO SILENCE.............................40

EXPLORATION OF THE PHILOSOPHICAL AND ETHICAL BASIS THAT SUPPORT THE RIGHT TO SILENCE40

ANALYSIS OF THE IMPLICATIONS OF THE RIGHT TO SILENCE FOR THE PROTECTION OF HUMAN DIGNITY AND INDIVIDUAL PRIVACY.....44

THE ROLE OF THE RIGHT TO SILENCE IN PRESERVING THE RULE OF LAW IN DIFFERENT CULTURAL CONTEXTS.....47

PROTECTION OF THE RIGHT TO SILENCE IN DIFFERENT LEGAL SYSTEMS....................53

COMPARATIVE STUDY OF LEGISLATIONS AND PRACTICES RELATED TO THE RIGHT TO SILENCE IN DIFFERENT COUNTRIES AND REGIONS OF THE WORLD.....53

ANALYSIS OF DIFFERENCES AND SIMILARITIES BETWEEN COMMON LAW AND CIVIL LAW LEGAL SYSTEMS IN RELATION TO THE RIGHT TO SILENCE.....58

EXPLORATION OF PARADIGMATIC CASES FROM DIFFERENT COUNTRIES THAT ADDRESS THE RIGHT TO SILENCE IN DIFFERENT CONTEXTS.....64

RIGHT TO SILENCE IN THE CONTEXT OF THE INTERNATIONAL PENAL SYSTEM................70

EXAMINATION OF THE RIGHT TO SILENCE IN INTERNATIONAL CRIMINAL COURTS.............70

ANALYSIS OF RULES AND PROCEDURES RELATING TO THE RIGHT TO SILENCE IN INTERNATIONAL COURTS.....74

STUDY OF RELEVANT CASES IN THE CONTEXT OF INTERNATIONAL JUSTICE THAT HIGHLIGHT THE RIGHT TO SILENCE AS A FUNDAMENTAL PRINCIPLE.....79

LIMITS AND CHALLENGES OF THE RIGHT TO SILENCE....................................82

DISCUSSION ABOUT SITUATIONS IN WHICH THE RIGHT TO SILENCE MAY BE LIMITED OR RESTRICTED FOR LEGITIMATE REASONS.....82

EXAMINING THE CHALLENGES THAT MAY ARISE WHEN THE RIGHT TO SILENCE COMES IN CONFLICT WITH OTHER FUNDAMENTAL RIGHTS.....99

THE RIGHT TO SILENCE IN THE DIGITAL AGE..........................................114

ANALYSIS OF LEGAL ISSUES RELATED TO THE RIGHT TO SILENCE IN THE CONTEXT OF DIGITAL TECHNOLOGY AND COMMUNICATION.....114

APPROACH ON THE IMPLICATIONS OF THE RIGHT TO SILENCE IN CASES OF CYBERSECURITY, GOVERNMENT SURVEILLANCE AND ONLINE PRIVACY.....137

FUTURE PERSPECTIVES AND RECOMMENDATIONS......................................154

EXPLORATION OF EMERGING TRENDS RELATED TO THE RIGHT TO SILENCE IN THE GLOBAL SCENARIO.....154

SUGGESTED MEASURES TO IMPROVE PROTECTION AND RESPECT FOR THE RIGHT TO SILENCE AT INTERNATIONAL LEVEL.....158

CONSIDERATIONS ON THE ROLE OF INTERNATIONAL ORGANIZATIONS IN PROMOTING THE RIGHT TO SILENCE.....163

CONCLUSION.....................................................................168

RECAPITULATION OF THE MAIN POINTS COVERED IN THE LEGAL STUDY....................168

REAFFIRMATION OF THE IMPORTANCE OF THE RIGHT TO SILENCE AS A PILLAR OF HUMAN RIGHTS ON A GLOBAL SCALE.....170

INVITATION FOR CONTINUOUS DEBATE AND REFLECTION ON THE TOPIC IN SEARCH OF A FAIRER AND INCLUSIVE JUSTICE AT THE WORLDWIDE.....173

INTRODUCTION

PRESENTATION OF THE TOPIC AND ITS RELEVANCE AT A GLOBAL SCOPE

The Right to Silence is a fundamental legal principle that guarantees everyone the right to remain silent and not incriminate themselves during legal proceedings, such as interrogations, depositions or trials. This right is essential to protect the dignity and freedom of the individual and is anchored in ethical and philosophical values ​​that underlie human rights.

In the context of the legal system, the Right to Silence is a safeguard against coercion and abuse of state power. It ensures that an accused is not required to provide information or answer questions that could incriminate him, thus preventing him from being compelled to produce evidence against himself.

This protection is especially relevant in criminal justice systems, where the presumption of innocence is a central principle. By guaranteeing the right to silence, the law seeks to balance the relationship between the State and the individual, granting the accused the power to choose whether to speak or not, without this choice being used against him in an unfavorable way.

Furthermore, the right to silence contributes to avoiding forced self-incrimination, protecting the moral integrity of the individual and ensuring that statements are given voluntarily and sincerely. This is essential to ensuring justice in any legal system, as it ensures that the evidence presented is reliable and is not based on confessions obtained under pressure or coercion.

At a global level, the right to silence is recognized as part of fundamental human rights in several international documents, such as the UN Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Its preservation is a central element in the pursuit of equitable justice and respect for the dignity of all people, regardless of their circumstances or origins.

Therefore, the Right to Silence is an essential pillar of human rights around the world, ensuring the protection of individuals against abuses of state power and contributing to the construction of a fair and inclusive society. Its importance in the legal system cannot be underestimated, and its preservation is a constant challenge in the search for guaranteeing fundamental rights and justice on a global scale.

The Right to Silence is a fundamental legal principle that has global relevance, being recognized in different legal systems around the world. This is a person's right to remain silent and not incriminate themselves during legal procedures, such as interrogations, depositions and trials. The importance of this right in the context of the legal system is undeniable, as it protects human dignity, ensures the presumption of innocence and contributes to the guarantee of a fair trial.

In several international documents, the Right to Silence is recognized as part of fundamental human rights. The UN Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights are just a few examples of treaties that enshrine this right. This presence in international treaties demonstrates that the right to silence is considered an essential safeguard in any legal system.

Protecting the right to silence is extremely important to guarantee justice in any society. By ensuring that an accused is not forced to produce evidence against himself, coercion and abuse of state power are avoided. This is especially relevant in the context of criminal justice systems, where the presumption of innocence is a central principle.

The right to silence also plays a crucial role in criminal cases, contributing to the preservation of impartiality and equity in judicial proceedings. By allowing the accused to exercise their choice to remain silent, without this being interpreted as an indication of guilt, it ensures that the trial is based on legitimate evidence and not on confessions obtained under pressure or coercion.

In an increasingly digital world, the right to silence faces new challenges related to online privacy and government surveillance. Issues such as electronic data collection and cyber surveillance impact the protection of this right on a global scale, making it even more relevant to contemporary legal debate.

Therefore, the relevance of the Right to Silence is universal and transcends cultural and legal boundaries. Its preservation is essential to guarantee human rights, protect the dignity of each individual and promote justice in all societies. By protecting the right to silence, we advance in building a more fair, inclusive world that respects the fundamental rights of all people, regardless of their origin or nationality.

The Right to Silence has a fundamental importance that extends globally, being present in different legal systems around the world. This legal principle guarantees everyone the right to remain silent and not incriminate themselves during legal procedures, such as interrogations, depositions and trials. Its relevance is directly associated with several essential aspects of the justice system, being crucial to guaranteeing a fair trial, protecting human rights and preserving the dignity of the individual.

One of the main connections of the right to silence is with the principle of presumption of innocence, which is one of the foundations of the legal system in many countries. By allowing an accused to refuse to answer questions or provide information that could incriminate him, the right to silence ensures that he is not found guilty until his guilt is proven beyond a reasonable doubt.

Furthermore, the right to silence plays a crucial role in protecting against forced self-incrimination. This means that a person cannot be compelled to produce evidence against themselves, avoiding the possibility of obtaining confessions under coercion, pressure or unfair treatment. This safeguard is essential to ensure that the statements given are voluntary and sincere, contributing to the integrity and legitimacy of the judicial process.

Another relevant aspect of the right to silence is the protection of human dignity and individual privacy before the State and the legal system. By ensuring that an accused is not forced to expose himself or provide information that could harm him, the right to silence respects the autonomy and intrinsic dignity of each person.

Furthermore, the right to silence balances the relationship between the individual and the State, preventing state power from being used in a coercive or abusive way. By granting the accused the option to remain silent, the right to silence protects individuals from being subjected to unfair interrogation or disrespectful treatment.

In short, the right to silence plays a crucial role in ensuring a fair trial, protecting fundamental human rights and preserving the dignity of the individual.