O acordo de não persecução penal : direito subjetivo e a (in)constitucionalidade do requisito da "confissão".

Abstract

This study aimed to analyze the non-criminal prosecution agreement and the scope which it is in, whatever the consensual criminal justice’s field is. Besides that, considering that the subject is new in the Brazilian legal sistem, some discussions that arose with it were debated, especially about the investigated having the guarantee of the proposal for an agreement and the requirement of confession for the celebration of the agreement being corrupted or not of unconstitutionality. Thus, it was questioned in this monograph if the act of confession as a requirement to the non-criminal prosecution agreement is constitutional and if it is an investigated’s subjective right. Furthermore, this present work was developed from research in doctrines, laws, jurisprudential understandings, monographs, videos, periodicals and other bibliographic sources, therefore, the nature of the research is theoretical and descriptive model. Likewise, while the deductive method was applied, the comparative method was also used, in order to use other models of negotiated justice existing in the legal system. In this segment, it was noticed that most of the legal experts received the legislative novelty with celebrations, since the non-criminal prosecution agreement reduces the bureaucracy in the Brazilian criminal system, expanding the consensual justice’s role. Furthermore, it was observed that the tendency is that the accused doesn’t have a subjective right to the agreement, considering that it constitutes a reasoned option of the ministerial organ, moreover in an agreement presupposes consensus, in other words, both parties must want the deal. In conclusion, the confession portrays mere formality of the agreement, which is constitutional and legal, as long as the instruction’s judge has no contact with it, requiring some legislative’s adjustments for this.