Banca de QUALIFICAÇÃO: TAYNÁ LIMA PRADO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : TAYNÁ LIMA PRADO
DATE: 07/08/2023
TIME: 10:00
LOCAL: Faculdade de Direito de Alagoas
TITLE:

THE PROBATORY VALUE OF THE CONFESSION ARISING FROM THE NON-CRIMINAL PROSECUTION AGREEMENT.

KEY WORDS:

Business law; Criminal non-prosecution agreement; Confession; efficiency; guarantee; proof.

PAGES: 47
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Penal
SUMMARY:

The criminal non-prosecution agreement is one of the most intriguing tools of business law, within the scope of the Brazilian criminal procedural system, because, unlike the more usual ones that preceded it - criminal transaction and conditional suspension of the process - it has the peculiarity of requiring a formal confession and circumstantial for its consolidation.

Thus, the need for further studies on the repercussion of the confession reached within the scope of the criminal non-prosecution agreement, especially in cases of non-compliance with the agreement and consequent inauguration of the criminal action, is latent. It is with this scope that the present research is developed.

Therefore, this work foreshortenes criminal procedural systems, outlining, through non-watertight time frames, the prevalence of one system over the other, until the emergence of consensualism within the scope of criminal procedure.

Arguments loom up that redound the dilemma between efficiency and guarantee, of mitigation of constitutionally guaranteed guarantees, in particular the right not to incriminate oneself and the possibility of retrogression to the chains of the inquisitorial system, which had in the confession the great objective to be pursued .

At this point, the main point of the present research is reached, whose hypothesis is that the confession resulting from the non-criminal prosecution agreement, although it can be used as evidence, in the case of non-compliance with the established agreement, is not capable of compromising the development of the evidentiary activity in contradictory and the evaluation of the evidence within the contours of the democratic criminal procedure.

This hypothesis will be evaluated, adopting as theoretical frameworks the Accusatory System: the constitutional conformity of the criminal procedural laws of Geraldo Prado and The right not to produce evidence against oneself: the principle nemo tenetur se detegre and its consequences in the criminal process of Maria Elizabeth Cheese.

Finally, it is intended to reach the conclusion of this research, revealing the possibility of assessing evidence in a rational and objective way, even in the face of the inauguration of a criminal action that already has a formal and circumstantial confession obtained under the non-prosecution agreement criminal.

BANKING MEMBERS:
Presidente - 1352111 - ROSMAR ANTONNI RODRIGUES CAVALCANTI DE ALENCAR
Interno(a) - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interno(a) - 2546418 - WELTON ROBERTO