ANPP: A CRITICAL APPROACH TO THE POWER-DUTY OF THE PUBLIC PROSECUTOR’S OFFICE AND ITS INSTRUCTIONS ON THE SPEED AND TRANSIT OF CRIMINAL PROCEEDINGS

Abstract

The Non-Criminal Prosecution Agreement, a legal novelty arising from the so-called "Anti-crime Package" approved by the National Congress in 2019 and in force since January 2020, represented a relevant and innovative novelty within negotiated justice in Brazil. This provision represents the possibility for the Brazilian Judicial System to advance in the search for greater procedural agility, judicial focus, self-composition and possible reparations to victims, and its offer is the responsibility of the Public Prosecutor's Office. Furthermore, due to the fact that this is still a recent topic in the legal world and with consequent relevant effects, there are important points of debate, whether in academia or in the courts, about this instrument, leading to notable points of doctrinal and jurisprudential debate regarding its interpretative and practical scope. Given this scenario, this study seeks to understand the institute of the Non-Criminal Prosecution Agreement and the power of the Public Prosecutor's Office to offer such a mechanism in the cases provided for in a timely and appropriate manner, its benefits for the parties and the Brazilian criminal process, the possible and appropriate hypotheses for the use of this institute, with the necessary and unequivocal consideration of principles such as the primacy of the public interest, procedural speed, "in dubio pro reo" and due process of law.