NON-PROSECUTION AGREEMENT: THE IRRELEVANCE OF THE CONFESSION REQUIREMENT FOR THE FILING OF THE ANPP

• DOI: https://doi.org/10.22533/at.ed.216462411033

• Palavras-chave: 1: Non-Criminal Prosecution Agreement. 2. Law 13,964/2019. 3. Negotiable Criminal Justice. 4. Confession Requirement. 5. Relevance.

• Keywords: 1: Non-Criminal Prosecution Agreement. 2. Law 13,964/2019. 3. Negotiable Criminal Justice. 4. Confession Requirement. 5. Relevance.

• Abstract:

  This work on the formal and circumstantial confession, required from the investigated in order to enable the conclusion of the non-criminal prosecution agreement introduced by law 13,964/2019 in the dynamics of negotiated criminal justice, has the purpose of analyzing its main developments in the legal scenario in light to conclude that it is irrelevant to be addressed as a requirement in the text of article 28-A of the Code of Criminal Procedure, also possible and main consequences arising. To this end, the deductive method was used with bibliographical research in books, dissertations, monographs and articles provided via the internet. It was concluded that such a requirement in the legislation aims to benefit the State much more by obtaining a quick and risky punitive response, with no significant benefits for the investigated being seen, nor showing itself to be essential to the success of the agreement.