Police frisk/search and the Miranda v. Arizona (1966) case: institutional violence and the role of Constitutional Courts in assuring right to counsel during police investigation

• Main Authors: Gabriela Ponte Carvalho, Evandro Piza Duarte
• Format: Article
• Language: Spanish
• Published: Instituto Brasileiro de Direito Processual Penal 2018-03-01
• Series: Revista Brasileira de Direito Processual Penal
• Subjects: Direitos Fundamentais; Direito ao Silêncio; Direitos do Acusado; Processo Penal; Miranda v. Arizona; Suspeito.
• Online Access: http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/109

This study analyzes the doctrine about the rights of the accused in the United States of America, through an examination of the Miranda v. Arizona case. It explores how the privilege against self-incrimination is applied in the phase of police investigation. Thus, it is intended to demonstrate the differences between the American and the Brazilian laws, highlighting, in the latter, the formality in the implementation of such rights. Such a formality indicates the responsibility for allowing institutional violence that lies in the decisions of the Brazilian Supreme Court, which, unlike the American Court, does not cope with the practical and constitutional aspects of the custody of suspects and the confessions obtained during a police investigation.