A confissão no acordo de não persecução penal em caso de descumprimento das medidas impostas.

Abstract

The present work addresses the value of the confession in the non-prosecution agreement in the face of non-compliance with the conditions approved in court and the impact on the individual guarantees of the investigated party. Additionally, the general objective aims to analyze the requirement of confession in the event of the Public Prosecutor's Office proposing criminal action when the investigated party unjustifiably breaches the agreement. In these terms, the question arises: is it possible to use the confession requirement to propose criminal action? The method of approach used is hermeneutical. The study of the topic is of fundamental importance since this monographic work addresses various doctrinal discussions, in divergent senses, and concludes that the use of the confession is feasible in cases ofunjustified non-compliance with the conditions approved by the investigated party, provided that the constitutional guarantees of the investigated party are respectedduring the pre-procedural and judicial phases, as well as observing the principles of the prevailing procedural system.