O ACORDO DE NÃO PERSECUÇÃO PENAL E A INCONSTITUCIONALIDADE DA CONFISSÃO FORMAL E CIRCUNSTANCIADA

Abstract

The purpose of this article is the Criminal Non-Prosecution Agreement, which was introduced into the Code of Criminal Procedure, by Law No. 13,964/2019, known as the Anti- Crime Package, with the aim of improving negotiated justice and favoring the fulfillment of demands in order to generate more effective punishment. However, a relevant problem arises: the requirement of confession as a requirement for the conclusion of the agreement between the Public Prosecutor's Office and the accused, which indicates possible unconstitutionality, considering its obvious unnecessaryness. Such a requirement may confer an undue advantage on the Public Prosecutor's Office in the event of criminal proceedings being initiated. Based on bibliographical and documentary research, this study seeks to demonstrate the material unconstitutionality of the confession requirement, through the analysis of the criminal process and the implementation of the agreement in the Brazilian legal system. Although the institute is an innovation, the discussion is pertinent, considering the practical impacts it could generate in the legal field over time. The objective is to expose the defect present in the demand for confession.