DA CONFESSIO À GUILTY PLEA: A possibilidade descolonial de se ir aquém do mínimo legal

Abstract

The Superior Court of Justice recently expressed interest in placing the sum. 231 under discussion again. Although the understanding was consolidated almost 25 years ago, regarding the impossibility of the judge setting the penalty below the legal minimum, when it is already at the minimum in the analysis of art. 59 from Criminal Code. This article, reflecting specifically on “confession”, seeks to bring a partial argument for allowing this judicial discretion: the emptying of the classic Judeo-Christian content of the traditional “confession” (confessio) of criminal law by the pragmatism of its use in adversary justice (guilty plea).