Vitimização secundária na aplicação do acordo de não persecução penal nos crimes patrimoniais

Abstract

The No Criminal Prosecution Agreement, introduced by Law 13,964/2019, or Anticrime Package, is currently the strongest and most comprehensive tool of business justice in Brazilian and objective criminal policy, primarily, the decrease in the rate of incarceration of those who commit crimes of medium offensive potential. With its requirements outlined in article 28-A of the Code of Criminal Procedure, the NCPA allows the removal of criminal prosecution to the investigated in exchange for confession of criminal practice and other conditions under the faculty of the Public Prosecutorªs Office. Although it has its advantages, the NCPA faces difficulties to ensure fairer responses to the fight against crime and to the satisfaction of the victims. This work will analyze such difficulties, especially with regard to the participation of the victim in the agreement and the possible secondary victimization process resulting from the completion of the legal deal. At first, we will briefly address international models that influenced and the initial instruments of Brazilian business justice. Subsequently, we will analyze the NCPA and its main characteristics, as well as the role of the victim in the negotiations of the agreement. Finally, in the last chapter, the work addresses what is secondary victimization and how it can occur on the occasion of the celebration of the NCPA, in addition to suggesting changes that would bring fairer responses to the victims.