ACORDO DE NÃO PERSECUÇÃO PENAL E DIREITO AO SILÊNCIO
A CONFISSÃO COMO REQUISITO DE CELEBRAÇÃO DO ANPP
Abstract
A topic that deserves discussion regarding the non-criminal prosecution agreement is the requirement of confession to the Public Prosecutor's Office for the conclusion of this agreement to violate or not the principle of the right to silence. To answer the research question “does mandatory confession in the ANPP violate the right to silence?”, we start from the hypothesis that there is a violation of the principle, especially due to the unnecessary confession, given the very premise of the agreement. This article proposes to carry out a review, with favorable voices and others not, to respond to the problem, which occurs both in the dogmatic-principiological scope and in the sociological-historical scope. It is discussed in order to consider the divergences between the Brazilian legal tradition and the system of origin of the institute that inspires the ANPP, the American plea bargaining. After carrying out the discussion and comparing authors and bases of different positions, it is concluded that the mandatory confession for the completion of the agreement flagrantly violates the principle of the right to silence, provided for both constitutionally and within the scope of the ACHR, of which Brazil is a signatory.
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