IMPLEMENTAÇÃO DA JUSTIÇA NEGOCIAL NO BRASIL MEDIANTE A APLICAÇÃO DO ACORDO DE NÃO PERSECUÇÃO PENAL

Abstract

The present thesis analyzes negotiated justice comprehensively, starting from the international sphere, using the pioneering American mechanism known as plea bargaining as a central example, ultimately arriving at the core subject of study: the agreement of non-prosecution. Formally introduced into the Brazilian legal system by Law nº 13.964/19, commonly referred to as the Anti-Crime Package, it acts as a genuine normative reinforcement, superseding the regulations previously provided by the National Council of the Public Prosecutor’s Office. However, this institute has prompted reflection on the potential banalization of criminal justice in Brazil due to its utilitarian bias that lacks clear limits. In this perspective, through the deductive scientific method, the concepts underlying Brazilian negotiated justice are examined, along with their implications, with the goal of thoroughly exploring the requirements, conditions, and prohibitions for the proper application of the non-prosecution agreement, respecting the legal procedures established constitutionally and by the principles of criminal and procedural law. Divided into three chapters, the first provides the historical context of negotiated justice, comparing the American and Brazilian models and their respective legal traditions. The second chapter focuses on the details of the non prosecution agreement, dissecting Article 28-A of the Code of Criminal Procedure. The third and final chapter explores the criticisms raised regarding the institute, such as banalization and violations of constitutional guarantees, highlighting concerns over the expansion of negotiated justice without the imposition of limits. In summary, it concludes that, despite the anxieties and judgments, the implementation of the agreement is an unstoppable trend and a wholly viable alternative for resolving criminal conflicts, provided it is applied in accordance with legal limits and with the training of procedural agents. The research shows that by balancing procedural efficiency with the protection of constitutional rights, the non-prosecution agreement demonstrates itself to be a beneficial mechanism for the Brazilian legal system.