Análise da (in)constitucionalidade da confissão como pressusposto para o acordo de não persecução penal.

Abstract

The present work aims to analyze the unconstitutionality of the criminal nonprosecution agreement (ANPP), a consensual criminal justice instrument inserted in the legal system through Law 13.964/2019. Among others, the aforementioned institute presents as a presupposition for its granting, the formal and detailed confession. When opting for the agreement, the investigated must prepare a confession statement detailing the circumstances regarding the criminal act, an issue that must be observed with caution, in view of the likely criminal consequences, in addition to those that permeate in other legal spheres. The relevance of studying the intrinsic aspects of Brazilian negotiation justice and the need to verify the conformity of the institute with the established principles, guiding the Brazilian criminal procedure, such as the presumption of innocence, non-self-incrimination, in addition to its consequences, arises to demonstrate whether such a mechanism poses risks of violation and incompatibility with the country's criminal procedural system, as well as with the Federal Constitution. For that, we adopted the deductive approach method, the qualitative procedure method and the bibliographic research technique, through doctrines, jurisprudence, laws, articles, videos and periodicals.