ANÁLISE JURISPRUDENCIAL DA APLICABILIDADE DO ACORDO DE NÃO PERSECUÇÃO PENAL (ANPP) NOS CASOS DE TRÁFICO DE DROGAS EM SUA FORMA PRIVILEGIADA

Abstract

The present study aims to analyze the interpretation of the national investigation, especially within the scope of the Federal Supreme Court and the Superior Court of Justice, with regard to the applicability of the Criminal Non-Prosecution Agreement to the crime of trafficking in privileged drugs. To this end, the qualitative method of approach was enterprising, using bibliographical and documentary research and, in addition, the analysis of the jurisprudential understandings of the main Brazilian Courts. At the heart of this analysis, the nuances included in the governing normative provisions were examined, such as article 28-A of the Code of Criminal Procedure and article 33, § 4, of Law no. 11.343/200, then, after analyzing the pertinent legal and normative aspects, the judgments of the STF and STJ were evaluated in light of emblematic cases, such as HC 118.533/MS and HC 822.947/GO, which marked, respectively, a change of understanding in relation to the previous review and an adoption of innovative understanding in the Superior Court. Based on these precedents, privileged drug trafficking began to be considered as a non-heinous crime and to accept the possibility of offering the ANPP for the crime covered under the cloak of privilege. This change had a significant impact on subsequent decisions on the subject and, in this way, led to the preparation of this work in order to clarify the problem of obtaining an agile and effective response to the crime of trafficking in privileged drugs.