A obrigatoriedade da confissão no acordo de não persecução penal: uma análise ao Direito de não Auto Incriminação com as mudanças trazidas com o Pacote Anticrime sob a ótica do Garantismo Penal de Luigi Ferrajoli

Abstract

The agreement of non-prosecution is a legal tool used in contemporary criminal procedural systems, which is based on the intention to reconcile criminal prosecution with the principles of procedural efficiency and expeditiousness, as well as the need to safeguard the fundamental rights of those involved in the criminal process. The theory of penal guarantees, in turn, is based on the idea that state power should be limited in the criminal field in order to prevent arbitrariness and protect individual rights. In this context, the agreement of non-prosecution can be analyzed from the perspective of penal guarantees, as it offers an alternative to traditional criminal prosecution, seeking to reconcile the need for punishment of crimes with the protection of the individual rights of the accused. Therefore, this paper aims to analyze whether the requirement of the accused's confession, for the purpose of entering into an agreement with the Public Prosecutor's Office, is in line or not with the right against self-incrimination, using Luigi Ferrajoli's perspective on penal guarantees for this analysis. For this purpose, an exploratory methodology was adopted, based on the collection of bibliographic data, taking into account those found in doctrines, legislations, articles, case law, to enrich the academic debate on the subject.