O acordo de não persecução penal: uma alternativa diversa da carceirização para os indiciados da lei nº 11.343/06

Abstract

Analyzing the institute of the Criminal Non-Prosecution Agreement (ANPP), its characteristics and applicability, in order to expose the reasons that led jurists to develop and apply a less rigorous institute within the scope of the Brazilian procedural system, is the object of analysis of this research. In this regard, we seek to highlight the need and importance of negotiated justice and its restorative bias to the penalty, replacing the only retributive system customarily adopted in the legal system. The ANPP institute is also analyzed under the bias of the drug law, its compatibility with the non-criminal prosecution agreement, which has proven to be effective in unburdening the judiciary with cases of drug users and procedural situations involving small dealers. To this end, an analysis of the jurisprudence of the higher courts about the criminal non-prosecution agreement is carried out, since this institute is the object of constant judicial questioning, as well as its adequacy to the Brazilian legal system, thus evidencing its impacts on the power Brazilian judiciary. As for the methodological aspect, the research is developed through a doctrinal and jurisprudential analysis, verifying the jurisprudential posture. It embodies pure research.