AGREEMENT ON NON-PROSECUTION IN BRAZILIAN MILITARY CRIMINAL LAW: NORMATIVE LIMITS AND COMPARATIVE ANALYSIS BETWEEN STATE AND FEDERAL MILITARY JUSTICE SYSTEMS

Abstract

This study analyzes the applicability of the Non-Prosecution Agreement (ANPP) within the scope of Brazilian Military Criminal Law, with an emphasis on identifying its normative limits and comparing State and Federal Military Courts. The research problem focuses on verifying the compatibility of the institute, provided for in Article 28-A of the Code of Criminal Procedure, with the structuring principles of Military Justice, especially hierarchy, discipline, normative specialty, and mandatory criminal prosecution. The general objective is to examine, from a constitutional and infra-constitutional perspective, the possibility of applying the ANPP to military crimes, differentiating between the legal and functional contexts of state military corporations and the Armed Forces. Methodologically, the study adopts a qualitative approach, of a theoretical-legal nature, based on bibliographic research and documentary analysis, involving legislation, specialized doctrine, and jurisprudence of the higher courts, especially the Federal Supreme Court and the Superior Military Court. The results indicate that the controversy over the application of the ANPP stems from the tension between consensual criminal policy and the specificities of the military criminal justice system. It has been found that, while part of the doctrine and jurisprudence maintains the inapplicability of the institute based on the principle of specialty and the alleged eloquent silence of the legislator, another current defends its subsidiary incidence, especially in State Military Justice, based on the constitutional principles of equality, proportionality, and human dignity. It is concluded that the discussion about the ANPP in Military Criminal Law reveals the need for harmonization between fundamental guarantees and the preservation of the organizational bases of military institutions, highlighting the relevance of the topic for the improvement of the Brazilian criminal system.