THE INAPLICABILITY OF THE NON-PROSECUTION AGREEMENT IN MILITARY JUSTICE: A LEGAL ANALYSIS

Abstract

The Non-Prosecution Agreement (ANPP), introduced by Law No. 13,964/2019, known as the Anti-Crime Package, emerged as an alternative instrument to traditional criminal prosecution, aiming to streamline the judicial system and expedite the resolution of less serious criminal conflicts in the pre-trial phase. The issue to be analyzed is the impacts of not using the non-prosecution agreement in Military Justice for the effective enforcement of military criminal law and for the guarantee of fundamental rights of accused military personnel. As for the general objective, it questions the specific nature of military crimes and the fundamental principles guiding military criminal law. The specific objectives are to analyze the implications of not applying the ANPP to military crimes and its consequences for the effectiveness of the criminal justice system. Regarding the methodology, using deductive and descriptive methods, based on theoretical foundations found in bibliographic research, such as public documents, books, scientific articles, and internet data.