A confissão secundária no processo penal brasileiro: uma ponderação de admissibilidade e valoração probatória

Abstract

In the criminal process, evidentiary activity occupies a prominent place, and as a result, the study in this area is always full of discoveries and innovations, in this scenario the concern with secondary confessions arises. With its peculiar characteristic of mixing evidence of confession and testimony, secondary confession requires an analysis of nature, admissibility, and evidentiary valuation, so that evidentiary activity can be more robust and qualified, demonstrating the correlation between secondary confessions and other evidentiary means. , addressing the reasons for admitting this form of evidence and in which contexts, as well as pointing to the incidence of mitigation through confession even in secondary confession. To this end, this article used bibliographical research, based on jurisprudence of national and comparative law, using the inductive method to reach the following conclusions: Secondary confession is a means of proof of a hybrid nature that mixes traces of testimonial evidence with content of confession, thus being compatible with the application of the mitigating factor by confession, and must be used subsidiarily, when there are little to no other means of obtaining the information and must be carefully evaluated, more so in a context of epistemic injustice