O princípio nemo tenetur se detegere no processo civil: análise do artigo 379 do CPC

Abstract

This paper analyzes parameters for appropriate interpretation of the right of the party not to produce evidence against itself, provided for in article 379, of the Code of Civil Procedure. Therefore, it seeks a historical understanding of said institute based on the right of non-self-incrimination. It demonstrates, from a jurisprudential search, that there are judgments that apply article 379 of the Code of Civil Procedure in a decontextualized manner. It proposes a verification of the context for the application of the aforementioned right contained in the aforementioned legal provision, combining the guarantee of the institute of non-self-discrimination with the dimension of the obligation of collaboration of the parties in the civil procedure.