A confissão como requisito do acordo de não persecução penal e a (não) violação ao princípio da não autoincriminação.

Abstract

The present work proposes to analyze the confession as a requirement for the non-prosecution agreement and the possible unconstitutionality, for violation of the principle of prohibition of self-incrimination, in the use of this confession as a means of evidence during the criminal prosecution, in case of non-compliance of the agreement by the underwriter. In order to solve the problem, the principle of subsidiarity and its influence on penal institutions of decriminalization were analyzed, notably those provided for in the Law nº 9.099/95, that is, the criminal transaction, the conditional suspension of the process and the civil composition of damages. In order to understand the non-prosecution agreement and its specificities, the institute and its predictions were studied in resolutions nº. 181/2017 and nº 183/2018, of the National Council of the Public Ministry and in the Law nº 13.964/2019, which included art. 28- A in the Criminal Procedure Code. Finally, in order to investigate the violation or not of the principle of nemo tenetur se detegere, this principle was analyzed, the confession as a requirement of the Criminal Non-Persecution Agreement, overlapping the confession with the guarantee of non-self-incrimination. There was a violation of non-self-incrimination, in view of the mitigation of the voluntariness of confession, with the negotiation imbalance between the Public Ministry and the investigated. In this work, the functionalist research method is adopted, using legal hermeneutics, interpreting the norms and facts of society to study the institute. As for the method of theoretical approach, the deductive method is used, in a qualitative approach, starting from a broad view of the incidence of constitutional principles in criminal proceedings, ending in the violation of non-self-incrimination by the legal provision of the obligation of confession to carry out the agreement of not criminal prosecution. Finally, with regard to the research technique, the literature review is used, examining books, published scientific articles, doctrine, legislation and periodicals, as well as monographic works, master's dissertations and doctoral theses. Keywords: Non-prosecution agree