O requisito objetivo da confissão para a homologação do anpp: análise à luz do princípio da ampla defesa e do nemo tenetur se detegere

Abstract

The present work aims to analyze the objective requirement of confession for the ratification of the Criminal Non-Prosecution Agreement, under the aegis of the principles of Broad Defense and nemo tenetur se detegere, both positive in article 5 of the Constitution of the Federative Republic of Brazil of 1988, therefore, fundamental rights and guarantees. The confession requirement is found in article 28-A of Law 13.964/2019, which, in light of the aforementioned constitutional principles, still faces certain barriers to the constitutionality and legality of the agreement under discussion. Therefore, this work will address some limits established in the Magna Carta that must be observed and, consequently, imposing limits on the application of the agreement