A obrigatoriedade da confissão como requisito para o oferecimento do acordo de não persecução penal

Abstract

The present work has as general objective to discuss the obligatory confession as a requirement for the offer of the Penal Non-Persecution Agreement. For this, a content analysis of national and international laws and jurisprudence on the subject was carried out, in addition to a review of academic literature. This is a qualitative study supported by documentary research and bibliographic material. Among the main findings of the study, it is possible to highlight the importance of negotiated criminal justice, in which we have as an example the negotiated justice of the United States of America, in which a large part of the convictions result from agreements, making it impossible for the American judicial system to collapse . In Brazil, the Penal NonPersecution Agreement was created to speed up the resolution of criminal conflicts, with a satisfactory state response to the parties, avoiding the collapse of the already overcrowded Brazilian judicial system. However, article 28-A, of the Code of Criminal Procedure, stipulates some requirements that need to be performed for the approval of the non-prosecution agreement and, among them, is the formal and detailed confession made by the investigated.