A CONFISSÃO NO ACORDO DE NÃO PERSECUÇÃO PENAL: LIMITES CONSTITUCIONAIS E O DIREITO À NÃO AUTOINCRIMINAÇÃO

Abstract

Negotiated criminal justice has gained ground in the Brazilian legal system as an alternative to make criminal prosecution faster and more efficient. In this context, the Non-Prosecution Agreement (ANPP) emerges as one of the main instruments of this consensual logic, imposing, however, as an indispensable requirement, the formal and detailed confession of the investigated party. The present work aims to analyze the extent to which this requirement is compatible with the constitutional guarantees of the presumption of innocence and the right not to produce evidence against oneself. It begins with an understanding of the ANPP, seeking to understand the instrument broadly, through an analysis of the constitutional guarantees that permeate the criminal process, in order to then discuss the (un)constitutionality of confession as a condition for the agreement. The aim is to demonstrate that, although negotiated justice instruments are rapidly expanding and represent a relevant alternative for speeding up access to justice, controversies and doctrinal criticisms persist regarding the preservation of hard-won rights. Thus, it seeks to investigate whether it is possible for the obligation to confess to coexist within the same procedural system with the exercise of the right to silence and observance of the principle of presumption of innocence.