A aplicação do acordo de não persecução penal na justiça militar

Abstract

The purpose of this article was to analyze the (in)applicability of the non-prosecution agreement in the context of military justice, whose study was justified, notably by the divergence that was instituted in the academic community after the emergence of the institute in the legal system, mainly due to the fact that of the ANPP have been foreseen only in the Code of Criminal Procedure, not having been included in the same way in the Code of Military Criminal Procedure. For this reason, different currents of interpretation have emerged about the applicability of the institute in military justice. In order to achieve the objectives of the present work, the method of explanatory research and qualitative analysis was used, doctrine and jurisprudence, as well as in scientific articles, documents and periodicals. It was verified that in the scope of the jurisprudence of the Superior Military Courts, the theme is pacified by the non-application, however in the doctrine there are respectable names that defend the application. In spite of the fact that the research has not exhaust the subject, only to encourage discussion and debate, it was concluded that it is necessary for the legislator to include better regulation of the institute in the legal system, clarifying whether it is possible the application and in which cases.