A consensualidade na lei de improbidade administrativa e os desafios do acordo de não persecução civil

Abstract

Consensuality as a form of conflict resolution has been gaining notoriety in the Brazilian legal scenario, in view of the great need to reduce the congestion of judicial demand, which causes an unsatisfactory delay in the conclusion of disputes. Thus, many settlement institutes are emerging in the most varied branches of Brazilian law, including in the area of the protection of administrative probity, with the implementation of the Civil Non-Prosecution Agreement (ANPC) by the Administrative Misconduct Law, which aims to make the accountability of agents who commit acts of corruption lato sensu more efficient, through speed and the guarantee of compensation to the public treasury for damages caused, as well as other conditions that may be advantageous to the public interest. Although there is this incorporation of consensual instruments, in the sphere of Sanctioning Administrative Law, there is a traditional resistance to the execution of agreements. In addition, the ANPC is a new institute with several challenges for its application and functionality. The objective of this study is to identify these obstacles and verify whether they can be overcome through viable solutions, considering the importance of achieving the ANPC's purposes. This study is carried out using a qualitative deductive methodology based on bibliographic research with reading of legislation, case law, doctrine and academic and scientific works. Thus, three main challenges were identified, which were duly addressed, leading to the conclusion that although a network of efforts is required, mainly from the Public Prosecutor's Office and the Public Administration, in order to resolve them, it is possible to see a direction for achieving the maturity of the institute, its greater use in forensic practice and the achievement of its objectives.