Constitucionalidade do acordo de não persecução penal e o Instituto PLEA BARGAINING sob a ótica principiológica

Abstract

The constitutionality of the non-criminal prosecution agreement and the American institute known for plea bargaining are similar institutes analysed through observations and comparations related to criminal and constitutional principles, in particular to the principle of the presumption of innocence. For this, as a method, bibliographic research was used which had as a parameter to identify possible material unconstitutionalities linked to the violation of certain constitutional principles. From an analysis, it is possible to see the importance of the legality of confession in the realization of the agreement of non-criminal prosecution, in view, the fragility of the investigated who can be coerced into accepting this adjustment, typifying an inquisitive bias of the measure. Finally, it is noted that that agreement is an exception to the principle of the presumption of innocence and in order to remove the constitutionality of the agreement, it must cover all the necessary formalities as the presence of defender, communication to the investigated of all his rights and the legality in the construction of the adjustment.