O acordo de não persecução penal no contexto do direito penal militar: conceito, aplicação e controvérsias

Abstract

This study analyzes the application of the Non-Prosecution Agreement within the scope of Military Justice, considering its compatibility with the principles and norms of Military Criminal Law. To this end, the research initially examines the concept, legal nature, and objectives of the ANPP, demonstrating its inclusion in the Brazilian legal system through Law No. 13.964/2019, known as the Anti-Crime Package. Subsequently, it addresses Military Justice, its particularities, and the foundations that justify its autonomy and the need for a distinct legal regime, highlighting the importance of the principles of hierarchy and discipline. The methodology used includes doctrinal and jurisprudential analysis, examining decisions from the Superior Military Court (STM) and the Federal Supreme Court (STF) on the subject. The research contributes to the deepening of the debate on the intersection between consensual criminal justice and military norms, providing insights into the impacts of the nonapplication of the ANPP in this context.