O acordo de não persecução penal no âmbito da Justiça Federal: uma análise do perfil infracional e da incidência do instituto do direito negocial

Abstract

The present research aims to investigate, considering the scenario of mass incarceration and the reality of Brazilian prisons, the impact of the application of the Non Prosecution Agreement (NPA), at the federal level, through the analysis of data provided by management systems and benchmarking of judicial activity. In the search for measuring this impact, the indicators of the Judiciary were analyzed, based on the data provided by the CNJ's Justice in Numbers 2020 Report, which contains information about the procedural flow of the Brazilian justice system. We also examined the statistical data of penal execution provided by the Unified Electronic Execution System (UEES) in order to measure the number of offenses that allow the application of alternative sentences, which may lead, if certain requirements are met, to the implementation of negotiated justice. In the methodology, a bibliographic research about the theme was carried out, the analysis of the data from the reports of the benchmarking and judicial management systems was made, in a quali-quanti perspective, as well as the evaluation of the institute's coverage capacity, which was done through probability measurements, considering the small amount of specific data about the NPA. It became evident that the factual application of the NPA faces obstacles to its effectiveness, especially due to the lack of consensus regarding the requirements for its conclusion, for having numerous modifications, as well as for being inserted in a scenario still linked to the remnants of the inquisitorial system. It is proposed that the form of performance in the context of negotiated justice be well delineated in order to provide a regulated performance of the application of the institute and that the resolution of disagreements be sought, avoiding the asymmetric application of the law. In addition, it is suggested that external diagnoses be inserted into the reports of the judicial management systems in search of more reliable conclusions, and that the human element be improved in order to correct mistakes in the feeding of the systems. These points arising from reflections seek to corroborate for the effectiveness of the application of the NPA that tends to unburden the Criminal Justice contributing to overcome the unconstitutional state of things of the Brazilian prisons and strengthening the effectiveness of the principle of human dignity.