Acordo de não persecução penal: análise da ampliação do espaço negocial no processo penal

Abstract

The present work deals with the Agreement of non-criminal prosecution which existed in resolution No. 181 of 2017 of the CNMP and was inserted as a new institute by Law No. 13.964/2019 “Anti-crime Package” in article 28-A of the Code of Criminal Procedure. The criminal process is one way, but there are already some institutes to reduce the demand for this unique route, opening an alternative solution and changing the way in which it is understood. The non-criminal prosecution agreement is intended to be an alternative method to criminal prosecution, avoiding the prosecution of criminal proceedings. However, for this agreement to happen, certain rights and guarantees of the accused are disrespected. Thus, the general objective of the present work will be to analyze the (in) constitutionality of the requirements for the offer of the non-criminal prosecution agreement, and the specific objectives will be: to describe the Brazilian legal construction on the agreement since the resolution and to discuss the principiological violations arising from that.