(In) constitutionality in the confession the criminal non-prosecution agreement regulated by law 13.964/19

Abstract

The incorporation of the Criminal Non-Persecution Agreement (ANPP) into the Brazilian legal system, despite being something new, has generated a series of controversies. Due to the fact that the institute configures a form of negotiating criminal justice, it is subject to some guiding principles, such as due process of law, broad defense and contradictory, presumption of innocence and non-self-incrimination. In this sense, this article analyzes a possible unconstitutionality of the mandatory role of confession for the conclusion of the agreement. First, aspects of the agreement will be addressed, including the form of business justice that the institute fits, the model to which it was inspired and its requirements, focusing on the confession. It continues with the study of the constitutional principles along with the possible infraction that the mandatory role of confession can bring to them. And it ends with a final consideration which points out contradictions and inconsistencies in relation to the mechanisms of the agreement, aiming at a greater need to deepen the studies so that the institute reaches its maximum effectiveness. In addition, the work is based through the structuralist method, with a dialectical approach, and while research technique, bibliographic and legislative documentation.