Confissão provocada por agentes policiais: uma análise do tratamento atribuído ao elemento de prova pelo Superior Tribunal de Justiça

Abstract

This study aims to examine, from the perspective of evidentiary reliability (fiabilidade probatória), the treatment given by the Superior Tribunal de Justiça (STJ) to confessions elicited by police officers. This research is based on the following research problem: “in light of evidentiary reliability, what is the treatment currently given by the STJ to confessions elicited by police officers?”. To answer this question, a critical-descriptive methodology was used, based on the documentary analysis of the judgment in the “AgRg no AgRg no Habeas Corpus n. 898724/SP” and its respective appealed monocratic decision, supported by the review of specialized literature. Initially, the study historically contextualizes confession in criminal procedure, highlighting its evolution and the persistent influence that this evidentiary element exerts in the formation of judicial conviction. Subsequently, the factors that contribute to the production of false confessions elicited by police officers were explored and, based on specialized doctrine, the evidentiary reliability of these self-incriminating statements was investigated. Finally, the STJ decision was examined under the aegis of the theoretical framework adopted in this work, focusing on identifying the reasoning used by this Court, as well as on understanding how the extrajudicial confession was extracted in this case. Thus, the result of the research confirmed the hypothesis previously outlined, demonstrating that the STJ recognized, on that occasion, as fragile the evidentiary reliability of the confession elicited by police officers. In view of this, the Court determined the nullity of the admission of non-voluntary guilt, as well as of the evidence derived or arising from it, reaffirming the need for a more rigorous epistemic control over the evidentiary elements in criminal procedure. In this context, it is concluded that confessions elicited by police officers, when obtained through coercive techniques or manipulation, lack evidentiary reliability and, therefore, should be considered inadmissible. With this, it is intended that this study contributes to the discussion on the need to improve the epistemic control of extrajudicial confessions, ensuring that criminal procedure are not based on admissions of guilt caused by improper actions by the investigative authority.