A inserção do acordo de não persecução penal no ordenamento jurídico brasileiro: uma análise sobre a justiça consensual criminal no Brasil e o princípio da obrigatoriedade da ação penal

Abstract

This paper aims to study the Non-Prosecution Agreement provided in Resolution No. 181/2017 of the National Council of the Public Prosecution Service, in order to verify its legitimacy and applicability in light of the consensual model of criminal justice and the principle of mandatory prosecution. To this end, using the deductive method for exploratory purposes, at first, we examined the main striking features of consensual justice implemented in Brazil, which includes the non-persecution agreement, in addition to the main nuances of criminal agreements. already entered. Secondly, we proceed to the analysis of the breadth of the principle of mandatory prosecution and the discretion conferred on the Public Prosecution Service and its members in repressive criminal policy, through the analysis of concepts and institutes relating to criminal prosecution. Finally, we study the non-criminal prosecution agreement, investigating its context of creation, requirements and restrictions, as well as its formal and procedural aspects, without forgetting a critical analysis of the devices that integrate it, from the confrontation with the consolidated understandings in homeland doctrine and jurisprudence. It is concluded that the non-prosecution agreement is compatible with the principle of mandatory prosecution, even though the present research aims to fit into the initial discussions proposed in the first year of the amendments made by Resolution 183/2018. Thus, it is proposed a new resizing of the principle, adapting it to the reality conferred by the Federal Constitution of 1988 and the Public Prosecutor as a catalyst in criminal activity.