Da confissão como requisito para o acordo de não persecução penal: (IN)constitucionalidade e consequências práticas

Abstract

This paper examines the confession requirement for the Non-Prosecution Agreement (ANPP), provided in Article 28-A of the Brazilian Code of Criminal Procedure and introduced by Law No. 13.964/2019. It analyzes the compatibility of this requirement with constitutional principles, particularly the nemo tenetur se detegere principle, which guarantees the right to silence and protection against self-incrimination. From a historical-legal perspective, it explores the evolution of confession from the inquisitorial system — when it was regarded as the “queen of evidence” — to the modern accusatory model. It also addresses its retractable nature, its role as evidence and defense, and the implications of its use in case of breach of the agreement. The study concludes that making confession mandatory in the ANPP violates the accusatory model and fundamental guarantees, turning a right into an obligation and undermining the voluntariness of the defendant.