Acordo de não - persecução penal e o Conselho Nacional do Ministério Público enquanto Órgão de Política Criminal

Abstract

The resolution 181/2017 of the National Council of the Public Ministry (Conselho Nacional do Ministério Público) inaugurated in Brazilian law a relevant juristic institute for criminal and procedural criminal law. This is called the “criminal non-prosecution agreement”. However, would the CNMP be competent to create such a modality of negotiated justice? Using the theoretical method and by bibliographic research and legal analysis, the work intends to bring brief reflections about the (in) competence of the Council to deal with the matter, examining the organization’s attributions and the legal nature of the institute, considering, in particular, principles such as legality, obligation and unavailability of criminal action.