Acordo de não persecução penal: a in(constitucionalidade) da exigência de confissão

• Autor(a) principal: Ramos, Luana de Souza
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15555
• topic: Constitucionalidade; Direito penal; Processo penal; Confissão

The present undergraduate thesis has as its main objective the analysis of the constitutionality of the confession requisite for the offering of the new non-criminal persecution treaty in the Brazilian legal order. This way, the constitutional principals that guide the confession institute and the non persecution agreement are mainly analysed. The nature of the research, regarding the level, was exploratory and regarding the approach, was qualitative. The procedure that was used to colect the data was bibliographical and documental, using doctrines, arcticles published online and the current legislation. As a result, it was verified that the requirement of the confession to the offering of the non-criminal persecution agreement is unconstitutional. It is concluded that the institute of the confession directly violates the self-incrimination principals, the presumption of innocence, the contraditory and broad defense principals, as it is illegitimate when used as requisite to offer a benefit, as it doesn’t respect the autonomy of the defendant of not producing evidence against one self. It was verified that the new said agreement is a notably criminal policy that promotes a more speedy process, but, lacks in care of the relativity of the fundamental rights and constitutional guarantees, possibly being stricken during the imposition of its requirements.