CRITERIA FOR THE VALIDITY OF CONFESSIONS ACCORDING TO THE JURISPRUDENCE OF THE SUPERIOR COURT OF JUSTICE

Abstract

This study analyzes the validity and assessment of confessions according to the jurisprudence of the Superior Court of Justice. The jurisprudential contours of the matter have grown in prominence due to the intensification of judicial decisions examining the issue, with significant additions to the consolidated normative and doctrinal contours, which are capable of having a relevant impact on criminal proceedings. Initially, the study sought to determine the concept of confession, as well as to clarify its legal nature and main characteristics. Next, the study focused on the historical context and valuation of confession in criminal proceedings. Finally, the case law of the Superior Court of Justice on the validity of confession was examined, with a focus on Special Appeal No. 2.123.334. The bibliographic and documentary research method was adopted, through the reading of books, scientific articles, and judicial
decisions. The conclusion of the study is that the Superior Court of Justice, through the judgment of AREsp No. 2.123.334, restricted the use of confessions in criminal proceedings by adopting criteria for their admissibility, especially with regard to extrajudicial confessions.