A inconstitucionalidade material da obrigatoriedade da confissão no acordo de não persecução penal

Abstract

The present work has as its theme the unconstitutionality of the requirement of confession in the Criminal Non-Prosecution Agreement (ANPP). In this sense, the objective of the monograph is the analysis of art. 28-A of the Code of Criminal Procedure, introduced by Law 13,964/2019, in light of the provisions introduced by the Federal Constitution of 1988 and theprinciples introduced by the Magna Carta in Brazilian due legal process, especially withregard to the Violation of the presumption of innocence , full defense and the right to silence, in addition to the other disadvantages that such an obligation represents for the person being investigated. Using a hypothetical-deductive approach, the method used in the work is bibliographic and documentary, with an exploratory literature review and using doctrines, court decisions and scientific articles. Furthermore, the analysis and interpretation of constitutional provisions takes place. In the first place, an analysis is carried out on the social and political context in which the ANPP was introduced into the Brazilian legal system, which, for some decades now, has been demonstrating the legislative option for the adoption of institutes aimed at speed. In the background, the ANPP is detailed, describing its requirements, its importance in the current Brazilian scenario and its procedure. In the third chapter, the confession is specifically analyzed in relation to constitutional principles, especially with regard to constitutional principles, in addition to bringing judicial decisions to understand the breadth of the topic. Finally, the question about the compatibility of the ANPP with the Brazilian Federal Constitution is concluded.