REQUIREMENT OF CONFESSION IN THE NON-PROSECUTION AGREEMENT

Abstract

The present article aims to present an analysis of the confession requirement in the Non-Prosecution Agreement (ANPP), instituted in article 28- A of the Criminal Procedure Code, by Law 13.964/2019 (Anticrime Package) and in the Non-Prosecution Agreement (ANPC) introduced by Law 14.230/21. The article will address how this negotiated justice arose, how it stands up in the scope of criminal law and civil law, having as main objective to analyze the confession requirement, its constitutionality, principles and rights that may be violated, and if such clause really matches the conception of the agreement to be a subjective public right of the defendant. Moreover, this study was elaborated through bibliographical consultations, research of the current legislation, articles and electronic sites.