A A CONFISSÃO NO ACORDO DE NÃO PERSECUÇO PENAL A LUZ DOS PRINCÀPIOS CONSTITUCIONAIS E SEUS EFEITOS NOS TRÂMITES PROCESSUAIS

Abstract

THE LAW 13.964/19 INTRODUCED A SIGNIFICANT CHANGE IN THE BRAZILIAN CRIMINAL JUSTICE SYSTEM

WITH THE CREATION OF THE NON-PROSECUTION AGREEMENT (ANPP). THE ANPP AIMS TO STREAMLINE THE

ADMINISTRATION OF JUSTICE AND REDUCE PRISON OVERCROWDING, APPLICABLE TO CASES OF MEDIUM-LEVEL

OFFENSES. THROUGH THIS AGREEMENT, THE PUBLIC PROSECUTOR'S OFFICE AND THE SUSPECT NEGOTIATE THE

ADOPTION OF MEASURES TO AVOID PROSECUTION IN EXCHANGE FOR THE DISMISSAL OF CRIMINAL PROCEEDINGS,

UPON ADMISSION OF GUILT. HOWEVER, IT IS NECESSARY TO EVALUATE THE LIMITS AND GUARANTEES THAT MUST BE

OBSERVED IN THIS INSTRUMENT IN ORDER TO PREVENT THE VIOLATION OF THE DEFENDANT'S FUNDAMENTAL RIGHTS. THE

REQUIREMENT OF CONFESSION AS A PREREQUISITE FOR THE APPROVAL OF THIS AGREEMENT HAS GENERATED DEBATES

AS IT MAY COMPROMISE THE PRINCIPLES OF ADVERSARIAL PROCESS, RIGHT TO A FULL DEFENSE, AND NON-SELF-INCRIMINATION. FURTHERMORE, THE RESEARCH QUESTION ARISES FROM THE FOLLOWING INQUIRY: DOES THE

REQUIREMENT OF CONFESSION FOR THE CELEBRATION OF THE NON-PROSECUTION AGREEMENT VIOLATE THE

CONSTITUTIONAL PRINCIPLES OF PRESUMPTION OF INNOCENCE AND NON-SELF-INCRIMINATION? TO ANSWER THIS

QUESTION, BIBLIOGRAPHIC RESEARCH AND ANALYSIS OF LEGAL NORMS WILL BE USED. THE OBJECTIVE IS TO CONTRIBUTE

TO THE LEGAL DEBATE ON THE CONFORMITY OF THIS REQUIREMENT WITH THE FEDERAL CONSTITUTION. THE STUDY

DEMONSTRATES THAT THE REQUIREMENT OF CONFESSION IN THE ANPP SERVES NO PRACTICAL PURPOSE TO THE

AGREEMENT AND VIOLATES THE CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL OF 1988, AS WELL AS

IMPEDING THE DEFENSE OF THE SUSPECT AGAINST THE PUBLIC PROSECUTOR'S OFFICE.