A confissão do acusado no acordo de não persecução penal e o princípio da presunção de inocência

Abstract

The present study aimed to inquire about the Non-Prosecution Agreement (ANPP) and the need for Formal and Circumstantiated Confession, instituted by Law No. 13,964/2019 and in honor of the Constitutional Principle of Presumption of Innocence. For contextualization, didactic and greater clarification on the subject, other forms of negotiated justice were also presented, besides the ANPP, namely the Penal Settlement, the Conditional Suspension of the Process and the Collaboration with the Plea as institutes that may be more beneficial than the first. With the purpose of analyzing the role of confession, and its constitutionality, and to verify its validity, whether judicial or extrajudicial, confirming the possibility of using it as a means of proof, and its ability to be used in other processes as borrowed evidence. The Presumption of Innocence is part of some legal texts, such as the Federal Constitution and International Treaties that defend its importance not only for Brazilian law, but also for International Law. It is evident that the requirement of the Confession in the ANPP is possible, since it is only a procedure for the homologation of the agreement. This is an inductive approach and bibliographical research, limited to the objectives, problems and hypotheses raised, and based on legal diplomas, doctrine and jurisprudence.