Effects of confession when breaking criminal non-prosecution agreement

Abstract

The present work aims to analyze the Criminal Non-Prosecution Agreement, an institute introduced into the Brazilian legal system through Law No. 13,964/2019, which introduced the idea of consensual criminal justice. The requirements, conditions and impediments to concluding the agreement will be explored. Furthermore, the revocation of the agreement will be discussed in situations where there is insignificant non-compliance with the conditions imposed by the person being investigated, considering the possibility of using the Theory of Substantial Compliance with the aim of extinguishing the punishability of the person being investigated as an appropriate measure to be adopted to the instead of revoking and subsequently offering the complaint. The main objective of the work is to verify the possibility of using the confession of the person under investigation obtained in the non-criminal prosecution agreement as evidence to support a criminal sentence if the agreement is terminated due to non-compliance with the measures imposed. Through doctrinal books and research in specialized magazines, it was possible to infer that the confession obtained during the conclusion of the agreement cannot be used as a tool by the accusing body against the person being investigated in the event of non-compliance with the imposed measures.