O acordo de não persecução penal frente ao princípio da obrigatoriedade da ação penal: pontos e contrapontos do avanço da justiça consensual criminal no Brasil

Abstract

The Criminal Non-Persecution Agreement is a legal institute in force in Brazilian law since 2019. Law as an applied social science needs to be studied by the law operator from different perspectives. The different areas of knowledge contribute to understanding and explaining the reason for certain legal innovations. The objective of this work is to present reflections on the Brazilian criminal procedural system and the insertion of the Criminal Non-Persecution Agreement. To do so, the deductive procedure of doctrinal presentation and the reflections of jurists on the requirements and applicability of the Criminal Non-Persecution Agreement are used as a methodology. It seeks to present how the economic context and the need for greater levels of efficiency in the judicial system led to the evolution of procedures and processes in consensual justice. The role of the operator of law in the face of legal innovations is to study it and seek to present it in an understandable way to the academy and the public. Thus, to contextualize the present work, the structure of the Brazilian procedural system and the panorama of the prison system are presented. This presentation aims to present what procedural measures that speed up judgments are necessary for the party that accuses as for the party that defends itself. The legal uncertainty of when a process will end exposes different anxieties for the parties. The victim wants to be repaired, and the investigated needs' certainty about his procedural future. Part of the doctrine questions whether the Criminal Non-Persecution Agreement would challenge the principle of mandatory Criminal Action. The work concludes with the observation that the action of the Public Ministry respects the due legal process, and the public interest must be sought when negotiating an agreement that more efficiently solves the demands of society. Finally, the work concludes by pointing out that the legislative novelty has been deepened by scholars, but it still allows analysis given the innovations and recent legalization of the theme.