SOUSA, K. L. T.; http://lattes.cnpq.br/5268670278364363; SOUSA, Kalliene Lira Tavares de.
Resumen:
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