A presunção de inocência diante do acordo de não persecução penal

Abstract

The presumption of innocence is an institute provided for in Article 5, item LVII of the Federal Constitution of 1988. This principle, in addition to guiding the Brazilian criminal process, ensures that the state does not act in an authoritarian manner, but that a fair criminal process occurs. and democratic as an indispensable condition the imposition of a penalty, that is, the treatment of the person as guilty by the State, with all the negative consequences that impose the freedom, the patrimony and the reputation of the citizens. It is a fundamental constitutional right for the much talked about democratic state of law, which seeks to preserve the dignity of the human person. Non-criminal prosecution is a measure instituted by the anti-crime law, law 13964/19, art.28 The CCP, is an alternative proposed by the Public Ministry in exchange for not offering a complaint to the criminal judge, thus it becomes a different measure from prison. However, there is a condition to formalize the agreement which is the confession before the MP of the facts imputed to the accused. Many jurists believe that the presumption of innocence hurts the condition imposed by law for the execution of the non-criminal prosecution agreement, since the accused would be producing evidence against himself and thus violating the principle of the presumption of innocence.