Acordo de não persecução penal: alguns aspectos sobre as repercussões para o acusado

Abstract

This research tried to demonstrate the technicality of the non-criminal prosecution agreement, which had been included in Brazilian rules through Law 13.964 / 2019, which added Article 28-A to the Code of Criminal Procedure, bringing a more beneficial form of consensual justice to the defendant. This inclusion presupposes an agreement between the prosecutor and accused parties, accompanied by their defense. Upon complying with the agreed conditions, the status of a non-repeat offender to the accused in question will be maintained. The objective was to answer questions about the constitutionality of the non-criminal prosecution agreement, whether there is a possibility of retroactivity covering proceedings initiated and sentenced, as well as an analysis of the appropriateness of the agreement in the event of Law 11.340 / 06 and the suitability and general requirements of this instrument. To carry out this work, doctrinal books, scientific articles, laws, summaries of the Superior Courts and jurisprudence were used. Since this is a recent issue, still open to discussions and doctrinal and jurisprudential opinions from our Superior Courts, a certain amount of time is required for the correct investigation of data and other understandings. Given the considerations, it was concluded that the agreement will bring agility to the courts, since it will reduce the bulky burden of less serious cases in process and will be a procedure that will be sufficient to disapprove of the criminal practice, as well as to remove the offender criminal fact.