Acordo de não persecução penal: limites e possibilidades no ordenamento processual penal brasileiro

Abstract

This paper aims to analyze the Non-Criminal Prosecution Agreement (NPA) in the Brazilian penal system. The NPA is one of the instruments of the Brazilian negotiated criminal justice that has been growing, one of the main reasons for the exponential growth projection of this institute is the fact that it covers most of the crimes in the Penal Code, besides the evident ineffectiveness and failure of the Brazilian prison system. Because it is an institute that is being implemented only recently in Brazil, it is essential to understand the impact it is causing in order to first measure whether it is beneficial and how it should be applied in order to have a positive impact. It is also essential to understand which principles and guarantees will be mitigated in favor of its application and what the possible implications in practice will be. The controversial issues involving the NPA, such as the requirement of the defendant's confession and the (ir)retroactivity of the agreement, will also be analyzed. All these points will be analyzed through a bibliographic research and the study of brazilian jurisprudence, besides the critical evaluation of statistical data.