THE NON-PROSECUTION AGREEMENT (ANPP) AND THE CHARACTERIZATION OF THE CONFESSION REQUIREMENT PROVIDED FOR IN ARTICLE 28-A OF THE BRAZILIAN CODE OF CRIMINAL PROCEDURE

Abstract

This paper aims to analyze whether the Non-Prosecution Agreement (ANPP) violates the principle of the presumption of innocence by imposing a confession as one of the requirements for entering into the agreement. The research briefly presents the historical development of the Non-Prosecution Agreement, examining the established legal provisions. The method adopted is the hypothetical deductive method, based on the analysis of the norms set forth in the Federal Constitution and in the Brazilian Code of Criminal Procedure. In view of the tension between the confession requirement for granting the benefit of the Non-Prosecution Agreement to the suspect and the constitutional guarantee of the presumption of innocence, the question arises as to whether such a condition infringes upon that principle. Therefore, the possible consequences arising from the suspect’s formal confession will be addressed.