O acordo de não persecução penal enquanto meio de combate ao crime de corrupção passiva imputado a prefeitos

Abstract

In this research, the object is the Non-Criminal Prosecution Agreement (NCPA) as a means of combating the practice of the corrupt act imputed to the municipal mayor and the minimum conditions necessary for its application. In this context, an attempt was made to answer the following research question: to what extent can the Non-Criminal Prosecution Agreement serve as a means of combating passive corruption and what would be the minimum conditions necessary for the prevention and disapproval of crimes of this nature committed by the municipal manager? In order to answer this question, the following hypotheses were raised: (i) that there would be a need to seek a less time consuming way to combat corruption, with the NCPA being an effective means to achieve this objective; and (ii) that, in the case of crimes of passive corruption committed by mayors, the application of the Non-Criminal Prosecution Agreement would apply, only if certain minimum conditions is respected, with a view to protecting public property, namely, the full recovery of public assets and the pursuit of socially useful results. The justification for carrying out this study is demonstrated, firstly, due to the scarcity of academic research referring specifically to this theme. Second, the research represents potential importance for society due to the current prominence of discussions regarding the adequacy of the various methods of combating corruption, such as the consensual ones in the criminal sphere. The practical application of the research aims at building a socially useful solution, based on the reflection on the rapid recovery of material or immaterial public property that has been damaged. Thus, based on the problem presented, the general objective is to analyze the viability of the Non-Criminal Prosecution Agreement in crimes of passive corruption committed by mayors, unless the full recovery of material or immaterial public assets is observed. As for the methodology, in this study, a qualitative approach was used, making use of the deductive method and the monographic procedure, of legal aspect. During the investigation, the bibliographic and documentary techniques of data collection were also used, making use of books and scientific articles written by specialized authors, as well as documents, jurisprudence, resolutions and other pertinent norms. So far, there has been a timid application of the NCPA in corruption crimes committed by public officials against the Public Administration, and it is not possible to combine all the causes and justifications of the few agreements reached. However, it is necessary to point out that the agencies involved in conducting the NCPA must observe some minimum constitutional limits or guidelines, such as the intransigence in the full recovery of the public treasury, adding to this the challenge of promoting an articulation of different instances (civil, criminal, administrative) in a more cohesive manner, with a view to ensuring the applicability of the NCPA.