BATISTA, S. O. M.; http://lattes.cnpq.br/9003931446566006; BATISTA, Sara Olivia Moreira.
Resumo:
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.