Da justiça penal negocial: o Acordo de Não Persecução Penal (ANPP) como instrumento de eficiência e celeridade do sistema judiciário criminal brasileiro

Abstract

This study is dedicated to exploring the dimension of Negotiated Criminal Justice, with a focus on the Non-Prosecution Agreement, as a crucial instrument to confer efficiency and expeditiousness to the Brazilian criminal justice system. The choice of this theme was made in light of the notable paradigmatic evolution of criminal procedural law in recent decades, revealing an expansion of consensus, negotiation, and judicial collaboration devices, as well as the strengthening of reparative mechanisms. This is evident in the alteration of traditional models of criminal prosecution, emphasizing the adoption of solutions based on the autonomy of the parties involved in the procedural relationship. In this context, the Non-Prosecution Agreement emerges as an important instrument of Negotiated Criminal Justice, establishing itself as a depenalization means aimed at preventing unmotivated judicialization. Its applicability encompasses a significant portion of offenses in the Brazilian legal system, primarily directed towards cases of medium offensive potential. Given the relevance of Negotiated Criminal Justice in the legal-criminal panorama of Brazil, the study of the Non-Prosecution Agreement becomes inevitable through the analysis of inherent aspects of the institute, promoting a well-informed and critical understanding of this instrument. This analysis aims to reflect on its effectiveness and expeditiousness within the scope of the Brazilian Criminal Justice System. It is worth noting that the purpose of this study is not to exhaust the subject, but rather to contribute to the consolidation of its application in an equitable and efficient manner.