ACORDO DE NÃO PERSECUÇÃO PENAL: A CONFISSÃO COMO MEIO DE PROVA NA AVENÇA RESCINDIDA POR DESCUMPRIMENTO DO INVESTIGADO
Abstract
This article aims to analyze the constitutionality of the necessary detailed confession of the crime by the investigated person, for the conclusion of a non-criminal prosecution agreement, and, also, the value of this confession as a means of evidence against the investigated, in cases of termination of the pact. For this purpose, the article begins with an approach to the history of Negotiated Justice, in criminal justice. In addition, considerations are made concerning the constitutionality of the non-criminal prosecution agreement, especially regarding the confession requirement. Finally, a jurisprudential analysis is presented on the termination of the criminal non-prosecution agreement and the subsequent use of the confession as a probative element. The methodological aspect is the deductibility of the concepts for application in the case.