THE LIMITS AND PARAMETERS OF THE DEFENDANT'S CONFESSION

Abstract

This paper proposes a critical analysis of the limits and parameters of the defendant's confession in Brazilian criminal proceedings, focusing on the constitutional implications related to the right to remain silent and the prohibition of self-incrimination. The increasing use of confession as a requirement for the granting of benefits, especially within the scope of the Non-Prosecution Agreement (ANPP), raises questions about its compatibility with the fundamental principles of criminal proceedings. The study uses a qualitative approach, doctrinal, legislative and jurisprudential review, as well as case studies, in order to propose legal parameters that ensure the voluntariness, legality and validity of confession. It is concluded that the use of confession must respect the fundamental rights of the defendant, preventing it from becoming an instrument of indirect coercion or disguised imposition by the justice system.