Acordo de não persecução penal – uma análise da nova ferramenta de política criminal em perspectiva à operalização do princípio da oportunidade e das implicações processuais da confissão em caso de frustramento

Abstract

This production aims to analyze the use of the Criminal Non-Persecution Agreement as a tool of criminal policy, given the operability of the principle of opportunity of Public Criminal Action in consideration of the principle of mandatory, thus demarcating a new panorama of action of the Public Ministry, as well as understanding the legal situation in which the confession will be framed in case of frustration of the institute, with the consequent criminal prosecution. In the work's course, issues related to the characterization of the ANPP, its appropriateness, peculiarities about other institutes of Brazilian negotiated justice, legal nature of the agreed conditions, and differences about agreements operated on foreign soil, especially the Absprache from Germany, were addressed as Plea Bargaining from the United States of America. In the research, the technique of bibliographic research was used, guided by inductive and dialectical methods, as distinct and even antagonistic views were the object of study, aiming at the interpretation of the opposites. At the end of the analysis, it was viewed that the principle of opportunity has a mainstay in the legal system able to allocate the Criminal Non-Persecution Agreement as an instrument capable of reaching the hypothesis raised, which is to enhance the institutional action of the holder of the public criminal action in fighting crime in line with the criteria of efficiency and economy of jurisdictional tools, reserving to a criminal prosecution the most serious crimes to society and inaugurating another vertex of restorative justice. The conclusion was also evidenced in the confession, allowing the use of criminal recognition by the accused in the evidence accompanying the opening piece of the criminal action, except for the guarantee of retraction and due procedural valuation only while the suspension lasts of the guarantee judge.