Justiça penal consensual: análise crítica da utilização do acordo de não persecução penal como política criminal pelo Ministério Público

Abstract

This work was written in order to analyze the non-criminal prosecution agreement as provided for in art. 18 of Resolution No. 181/2017 of the National Council of the Public Ministry, as well as its legislative innovation under Law No. 13.964 of 2019, and how it has been used in forensic practice with the purpose of promoting a criminal policy in an economical and efficient way in criminal prosecution. To this end, we seek to explain the origins of the institute, examining the general aspects, its concept and its historical development up to Law no. 13.964 / 2019, dubbed the Anti-Crime Package. Initially, the evolution of consensual justice in the Brazilian legal system is investigated, analyzing the foreign experience, the Brazilian business process and its consequent importation of the alien model into the Brazilian system, as well as the emergence of special criminal justice and decriminalizing measures. In the second part of the work, the controversial issues involving the ANPP are analyzed, the favorable and unfavorable arguments are brought by the good doctrine about the ANPP and its application in Brazilian law. Finally, a cut is made in the (in)application of the institute by the Public Ministry of Bahia in comparison to the Federal Public Ministry and its possible resistance to the application of the decriminalizing institute by the Public Ministry of Bahia, due to its predilection for litigation.