A (in) Constitucionalidade da confissão como requisito do acordo de não persecução penal.

Abstract

This academic work brought as its main focus the new institute related to negotiating criminal justice, that is, the Criminal Non-Prosecution Agreement, with the general objective of analyzing the divergences that deal with the possible unconstitutionality of the confession requirement. The specific objectives are to discuss the factual circumstances and procedural systems around the world that inspired the creation of the institute, in addition to going through the other requirements of the agreement and the history of its insertion in the Brazilian legal system. A qualitative, exploratory bibliographical research was carried out, using the deductive method. The study was based on books by renowned authors, legislation and scientific articles from qualified journals. After the analysis, it was verified that, despite the arguments that indicate that the requirement constitutes an offense to constitutional principles, such as the right to silence and due process of law, the position that the requirement of confession for the realization of the agreement does not prevail. violates the Magna Carta, considering that this does not imply conviction and the investigated person has complete freedom to decide whether to carry out the extra-procedural legal transaction.