Um estudo acerca do valor da confissão como (des)acordo de não persecução penal

Abstract

This study examines the value of confession within the context of the Non- Prosecution Agreement (ANPP), introduced in Brazil through Law No. 13,964/2019 as a mechanism to alleviate the judicial system's overload and enhance procedural efficiency in criminal cases. The research explores the legal implications of confessions in the ANPP, their conditions of admissibility, and their use in cases of agreement breach. The article highlights that, although confession is an essential element for proposing and validating the ANPP, its use raises debates regarding voluntariness and legal boundaries, especially in breach situations where its admissibility as evidence may conflict with constitutional guarantees. The analysis underscores practical challenges stemming from the lack of uniformity in judicial procedures and interpretations. The study concludes that, as long as constitutional guarantees and due process are upheld, confession can serve as a complementary tool to enhance the effectiveness of the ANPP, balancing procedural efficiency and restorative justice without compromising the rights of the accused.