A presunção de inocência e a conduta criminal habitual: uma análise crítica da interpretação arbitrária no acordo de não persecução penal

Abstract

This thesis critically analyzes the application of the concept of "habitual criminal conduct" in the context of the Non-Prosecution Agreement (ANPP) in Brazil. The ANPP, introduced by Law No. 13.964/2019, aims to reduce the overload of the penal system by offering a consensual solution for minor offenses. However, the prohibition of the agreement based on "habitual criminal conduct," as outlined in Article 28-A, § 2, II of the Brazilian Code of Criminal Procedure, has sparked intense debates due to the lack of a clear legal definition of this concept. The research highlights that the vague definition of "habitual criminal conduct" has led to subjective and discretionary interpretations by both the Public Prosecutor's Office and the Judiciary, jeopardizing the presumption of innocence. Through a bibliographic and case law analysis, this study examines how ongoing investigations and criminal cases, without a final conviction, are used to classify an individual as a habitual criminal, thereby violating constitutional guarantees.