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This paper aims to study the proof of confession and its influence on the conviction of the judge in Brazilian criminal proceedings from the Foucaultian perspective of discourse, through a qualitative analysis of sentences from criminal courts of Maceio/AL. It is a matter of analyzing confession as a search for the remission of sins for the defendant, in order to provide the judge the possibility of condemning without feeling guilty, since the accused, here treated as the heretic, assumed his sins and wants to redeem himself. Thus, confession begins to be seen as a procedural truth that legitimizes the exercise of the State's “right to punish”, thereby compensating for any illegalities and errors in criminal prosecution.

Discurso e formas de veridicção no processo penal: a legitimação do direito de punir do estado através da confissão