A CONFISSÃO DO ACORDO DE NÃO PERSECUÇÃO PENAL: CONSTITUCIONALIDADE E LEGITIMIDADE DE UTILIZAÇÃO COMO PROVA.

Abstract

This study will address one of the requirements for the execution of the Non-Criminal Prosecution Agreement (NCPA), which is the “formal and detailed” confession of the practice of the criminal offense. Thus, the research aims to analyze the constitutionality of such a premise, as well as to understand its evidentiary value in criminal proceedings and the legitimacy of its use against the accused or third parties. This is because the NCPA raises issues still pending pacification in case law, also generating the possibility of relativizing procedural and constitutional principles and guarantees. Therefore, the relevance of the study of the problem is extracted from the need to protect the guarantees present in the Federal Constitution and the manifestation of the will of the accused. Regarding the objectives, these are descriptive, while the methodology will adopt the deductive method, using bibliographic research, with a qualitative approach, through the analysis of doctrines, legislation, case law and scientific articles. In view of the above, it was concluded that the confession required for the completion of the NCPA does not present constitutional incompatibility, however, it was possible to verify that its use in criminal proceedings against the accused or third parties is not legitimate.