O ADVENTO DO ACORDO DE NÃO PERSECUÇÃO PENAL E A EXPANSÃO DA JUSTIÇA CONSENSUAL NO BRASIL

Abstract

This academic work exposes the current conditions of the Brazilian criminal justice system, highlighting the respective critical factors that lead to the application of alternative measures to the judicialization of all criminal cases. In this context, the legal institutes representing the consensus in the criminal field will be studied, highlighting the creation of the non-prosecution agreement on the initiative of the National Council of the Public Ministry, and subsequent incorporation of the procedure in the Criminal Procedure Code, by Law no. 13,964, of December 24th, 2019. That said, it is intended to understand how the foreign business experience influenced the insertion of the treaty in the national legal system, analyze the legally established requirements for its proposal, conclusion and judicial approval; and, finally, to explore the perspectives of applicability in the pre-procedural field. The subject investigated here is relevant because it deals with a recent milestone in Brazilian law, representative of the advance of Consensual Justice in the country and able to contribute to the reduction of the burden faced by criminal courts. In addition to the analysis of the relevant normative and legal diplomas in comparison with the doctrine and jurisprudence, support was sought in numerical data published by public entities on their respective electronic portals, or made available by e-mail communication in response to requests made with fulcrum in Law No. 12,527, of November 18th, 2011 (Access to Information Law).