Aspectos da ampliação dos espaços consensuais criminais no Brasil: análise acerca do acordo de não persecução penal e da extensão da participação das partes em sua celebração

Abstract

This research addressed the operationality of criminal negotiating justice in Brazil, with a greater focus on the Criminal Non-Prosecution Agreement. Its main objective was to discuss how the parties should position themselves for the celebration of the benefit, based on the premise that for its adequate practical implementation and compliance with the national legal order it is necessary to establish concrete guidelines that ensure those involved the fundamental rights reserved for them and active participation, in accordance with the limits established by the rules. In the course of the work, we covered topics related to negotiating justice, in its broadest aspect, in addition to criticisms and discussions that are present in the approach, as well as the negotiating instruments that exist in the national order. Furthermore, the nature of the Criminal Non-Prosecution Agreement was discussed, its emergence and the necessary requirements for its proposal. To construct the analysis, the technique of bibliographical research was used, outlined through dialectical and inductive methods, based on compliance with different views on the topic. In the end, after evaluating the roles of the actors, it was considered that it is necessary to enhance the actions of the parties for greater effectiveness and efficiency of the institute that is the subject of the work.