Da inconstitucionalidade do requisito da confissão no Acordo de Não Persecução Penal

Abstract

The non-criminal prosecution agreement was integrated into the Code of Criminal Procedure through the promulgation of law nº 13,964/19, with the purpose of refining negotiated justice and improvement in the resolution of demands to ensure more effective punishment. However, a highlighted issue is the requirement of confession as a condition for concluding the agreement between the Public Prosecutor's Office and the accused, which raises doubts about its constitutionality due to its apparent dispensability and the possibility of unfairly benefiting the Public Prosecutor's Office in the eventual initiation of criminal proceedings. Using approaches literature, this study will examine the unconstitutionality of the confession requirement, analyzing the historical evolution of the criminal process until the incorporation of the agreement in the context Brazilian legal system, with the purpose of highlighting the failure in this requirement. Thus, despite being an innovative initiative, discussion is necessary, as it will have practical legal implications for long term.