A (In)disponibilidade do oferecimento do acordo de não persecução penal pelo Ministério Público de acordo com a Lei 13.964/2019 e em comparação com os principais institutos despenalizantes

Abstract

The present monographic work aimed to investigate the unavailability, or not, of the Non Prosecution Agreement, introduced in the Brazilian legal system by Law No. 13,964/19. Such study is justified due to the impacts that the legislative innovation will have on the thousands of investigative procedures opened throughout the country. To achieve the desired goal, it was essential to identify the legal nature of the institute, or the power-duty of the Public Prosecutor, or the subjective right of the investigated. To this end, the evolution of criminal procedural systems throughout history was first analyzed, as well as the procedural system adopted by Brazil and the genesis of the development of the Public Prosecutor's Office as the holder of the criminal action. Then, in the light of the doctrine and jurisprudence, the institutes of plea bargaining, conditional suspension of proceedings and premature informer, were studied in order to compare them with the NPA and to define the (in)availability of the offer of the agreement. Thus, it was concluded that, due to its nature of legal business, and due to the treatment given to it by the legislature, the NPA constitutes a power-duty of the Public Prosecutor, and the ministerial body must, however, justify the decision that denies the offer of the benefit. Keywords: Non-Prosecution Agreement. Public Prosecutor's Office. Obligation. Subjective Right