Retroatividade do acordo de não persecução penal e execução penal

Abstract

The study examines the regulation of the Non-Prosecution Agreement (ANPP) as an instrument that expands the scope of consensus in criminal matters, as well as the debates within the case law of the Superior Courts arising from its hybrid/mixed legal nature, particularly regarding its retroactive applicability to cases pending before the enactment of Law No. 13.964/19. Furthermore, through extensive research in legislation, legal doctrine, case law, and international documents, the study critiques the decision of the Supreme Federal Court (STF) in HC No. 185.913/DF, which limited the retroactive application of the ANPP to cases until the final and unappealable conviction, and proposes an even broader temporal framework: its application within the scope of Criminal Execution.