AGREEMENT ON NON-PROSECUTION IN HEDIOUS CRIMES

Abstract

This article is based on the innovation of our Criminal Procedure Code (CPP), through Law 13,964/2019 (Anti-Crime Package), which creates the criminal non-prosecution agreement (ANPP). The work aims to observe the possibility of the non-criminal prosecution agreement (ANPP) being used in cases of heinous crimes. The specific objectives are based on: describing the hypotheses of the suitability of the non-criminal prosecution agreement for heinous crimes; check the recommendatory instruments of the State Public Prosecutor's Office of each federation unit on the offering of the ANPP, which contains its instructions for application, organization and operation, especially applicable to heinous crimes; analyze how prosecutorial bodies behave regarding the application or not of ANPP for heinous crimes. The study is characterized by documentary research, bibliographical research, including reading, analysis and interpretation of books, texts, articles, legislation and other online materials. Results: the research revealed the possibility of guaranteeing access to faster justice, a guarantee for the accused to negotiate their rights and follow due legal process and guarantee their safety so that they can benefit from the settlement agreement. non-criminal prosecution (ANPP), however in most Brazilian states, the recommendation is that the ANPP should not be applied to heinous crimes, despite there being no legal prohibition.