ALMEIDA, B. B.; http://lattes.cnpq.br/5795881589312182; ALMEIDA, Brena Benício de.
Resumen:
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.
