THE (IM)POSSIBILITY OF APPLYING THE NON-PROSECUTION AGREEMENT IN CRIMES OF RACISM

Abstract

Considering the growing discussion about the (im)possibility of applying the criminal non-prosecution agreement (ANPP), an institute included in the Code of Criminal Procedure by law nº 13,964/2019, in crimes of racism, this study aims to understand the aspects that motivate the apparent contradiction between the constitutional provision and application of the aforementioned agreement. In this sense, in order to explain this problem situation, the methodology uses bibliographical research, of an exploratory and documentary nature, in addition to critical analysis of recent judgments. Although the non-criminal prosecution agreement is an extremely important decriminalizing measure in the legal system, it is based on the hypothesis that its application in crimes of racism is currently considered incompatible with the normative set, as it violates several principles constitutional issues, such as the dignity of the human person, equality and also the protection of the victim. Therefore, it is demonstrated that in the current Brazilian scenario, the idea is rejected by the courts, in respect for the Magna Carta and the principles that illuminate Criminal Procedural Law.