Digressões acerca da confissão no acordo de não persecução penal: os limites da confissão em caso de descumprimento ou não homologação do ANPP

Abstract

The present study analyzed the legitimacy and applicability of confession as a requirement for the formation of the non-prosecution agreement introduced in the Code of Criminal Procedure through Law No. 13.964/2019, examining the limits of confession and its implications when the party to the agreement breaches the agreed terms or when the agreement is not approved by the competent court. To this end, debates were introduced that permeated the embryonic procedures that first provided for the formalization of the agreement through Resolutions 181/2017 and 183/2018 of CNMP; subsequently, a study was presented that discussed the structure of the agreement introduced by Law No. 13.964/2019; and finally, the limits of confession were discussed in cases of breach or non-approval. Thus, the present study aimed to analyze the limits of confession required as an element of the formation of the non-prosecution agreement, particularly with regard to the legitimacy of its use in cases of breach or non-approval. The study was developed through bibliographic research, using deductive method, based on the observation of scientific articles, theses, doctrines, legislation, and jurisprudence, seeking to improve the present study through a structure based on exploratory research, using bibliographic research as a driving force, based on the contributions of other researchers interested in the subject, through comparisons and reports in the resulting product of this research. Finally, it was concluded that even in cases of breach of the agreement, the use of confession as an element of the formalization of the agreement becomes illegitimate when used to support the progress of the criminal action or as a basis for a conviction decision. With regard to non-approval, it was concluded that the best position is one in which the confession should be removed from the records at the request of the party to the agreement, under the condition of violation of constitutional precepts. Moreover, the use of confession obtained as an element of the formation of the non-prosecution agreement without allowing the party to confirm or retract it violates constitutional rights established in the proper conduct of criminal proceedings