A (IN)CONSTITUCIONALIDADE E O VALOR PROBATÓRIO DA CONFISSÃO COMO CONDIÇÃO OBRIGATÓRIA NO ÂMBITO DO ACORDO DE NÃO PERSECUÇÃO PENAL

Abstract

The present work has as its object the formal and detailed confession as a necessary condition for the realization of the non-criminal prosecution agreement. For this, first, the characteristics and requirements that must be respected so that the confession is considered valid and the agreement can be made will be studied. The functions of the confession carried out in the agreement are also studied in order to ascertain the reasons why the legislator has demanded the confession as an essential requirement for carrying out the agreement. Later, comes the first of the main discussions studied in the work. This is the analysis of the (un)constitutionality of the confession in the agreement, in view of the right of the investigated person not to produce evidence against himself (principle of nemo tenetur is detectable or non-self-incrimination) and the prerogatives arising therefrom, whatever they may be: the right to remain silent and not to be constrained to confess to a criminal offense. Finally, this paper seeks to investigate the possibility of using, in the context of criminal proceedings, the confession made in the non-criminal prosecution agreement and, if this is possible, the objective is to investigate the evidential value given to it.