A (in)constitucionalidade da exigência de confissão no acordo de não persecussão penal (ANPP): uma análise frente à presunção de inocência

Abstract

The present study aims to analyze the incongruities regarding the requirement of confession in the Acordo de Não Persecução Penal (ANPP), a decriminalization institute established in Article 28-A of the Código de Processo Civil, in relation to the Constituição Federal de 1988 (CF/88) and its cherished principles of individual guarantees. To reach this conclusion, it initially investigates the historical formation of the presumption of innocence, a central piece of this research, analyzing the role that confession played in contexts preceding the present times. Afterwards, it seeks to outline consensual criminal justice in Brazil and its most important aspects, emphasizing their peculiarities to facilitate a more precise differentiation from the specific figure of the ANPP. When appropriate, pointing out the specificities, differences, and similarities, giving particular importance to highlighting the Colaboração Premiada and the requirement of confession when present in that specific instrument and its purpose. The research continues by investigating the object of study in greater detail: the Acordo de Não Persecução Penal, establishing its context, concept, requirements, and procedure, in order to ensure a comprehensive understanding of the figure when addressing the unconstitutionality of its confession requirement, which by this point shapes the central theme of this study. Finally, it proposes a thoughtful reflection on its unconstitutionality, encompassing the problem of its tainted origin rooted in a narrative that elevates confession as the "queen of evidence," exaggerating its value and the prosecution's relentless pursuit to obtain it at any cost from the suspect. In conclusion, it strongly argues against the constitutionality of the confession requirement in the ANPP, highlighting its violation of guarantees provided by the American Convention on Human Rights and Article 5, Section LVII, of the CF/88 through a dual analysis, along with its lack of usefulness, emphasizing its inappropriate presence in this institute of decriminalization and deincarceration