Oferecimento do Acordo de Não Persecução Penal: o requisito da confissão formal e circunstanciada como violação ao princípio da presunção de inocência

Abstract

Faced with the need to improve the Brazilian penal system, especially in assisting the large demands of the Judiciary, the Brazilian legislator, through Law 13,964/ 19, created the instrument called "Agreement on No Criminal Prosecution". This institute, in simple words, allows the accused to be spared from criminal prosecution, provided that it complies with certain conditions, provided for in art. 28-A, Code of Criminal Procedure. In this sense, this paper examines, after contextualization of the theme, a specific requirement to offer the Agreement, namely: formal and detailed confession. It is analyzed, at this point, if this condition represents a violation of the principle of presumption of innocence - one of the ruling judgments of Criminal Procedural Law. To do so, then, the research begins with an overview of the ANPP, explaining its origin, concept, legal nature, requirements and differences between the other institutes of business criminal justice - here, award-winning collaboration. Then, it is studied the requirement of confession, tracing criticism about its legal effects and possible consequences in the personal life of the accused. Finally, an analysis of the country’s doctrine and jurisprudence is carried out on the subject