Abstract

A privileged element of contemporary law, confession as a means of proof in criminal proceedings is the object of analysis in this research. Based on a bibliographic review, the study will seek to decompose and reorganize the object on two fronts, constructing a theoretical hypothesis that proposes to observe confession as an inquisitorial practice of an institution, but which also has a traceable genealogical depth in the modulations of subjectivation techniques. The notion of the care of the self that Michel Foucault referred to unfolds in Christian ethics and asceticism, reorganizing the sense of care of the self and slowly, as Christian philosophy developed and the influence of the Catholic Church in the state grew, make the act of confession loaded with an institutional-subjective double, elements that allow Zaffaroni to observe the apparent neutrality of contemporary justice as a facade for an authoritarian state and adept at inquisitorial practices, especially in matters of criminal justice.