O acordo de não persecução penal e o aparente conflito entre os direitos fundamentais à presunção de inocência e à autonomia da vontade

Abstract

The agreement of no criminal prosecution is an extrajudicial and pre-procedural contract, whose objective is to avoid the judicialization of the state's response to the investigated for a crime. The first appearance of this institute in the Brazilian legal system was due to Resolution No. 181/2017, of the National Council of the Public Ministry. Two years later, the legal institute ceased to be an infra-legal convention established by the council to effectively become a criminal procedural law, through the enactment of Law No. 13.964/2019 - The Anti-Crime Package. The agreement of no criminal prosecution raises discussions about the affront to the right to the presumption of innocence, since the proposition of this contract by Parquet presupposes the formal and detailed confession of the crime committed by the investigated, as well as the fulfillment of conditions for the extinction of the punishability. On the other hand, this procedure also allows the investigated to exercise the autonomy of the will, when negotiating the agreement and its conditions. Through research, using document analysis, this article seeks to analyze the apparent conflict between the fundamental rights to the presumption of innocence and the autonomy of the investigated person's will at the time of acceptance of such a legal transaction.