THE NON-PROSECUTION AGREEMENT IN STATE MILITARY JUSTICE: INSTITUTIONAL FILTERING AND THE CENTRALITY OF THE PARANÁ MILITARY POLICE AS THE ADDRESSEE OF THE PROTECTION OF HIERARCHY AND DISCIPLINE

Abstract

This study analyzes the compatibility of the Non-Prosecution Agreement (ANPP), established in Article 28-A of the Brazilian Code of Criminal Procedure, with the State Military Justice system, emphasizing the Paraná Military Police as the institutional addressee of the protection of hierarchy and discipline. The research addresses whether the application of this consensual mechanism preserves the constitutional foundations of the military legal regime. A qualitative approach is adopted, based on analytical-dogmatic and systematic-constitutional methods, combining doctrinal review, statutory interpretation, and examination of precedents from the Brazilian Supreme Federal Court and the Superior Court of Justice. The study demonstrates that the ANPP does not constitute an automatic subjective right of the investigated individual, requiring an assessment of necessity and sufficiency for crime reproach and prevention. Within the state military context, this clause must be interpreted under an expanded institutional dimension, since military criminal sanctions perform a pedagogical function aimed at preserving command authority, internal cohesion, and institutional credibility. The paper proposes a structured model of institutional filtering in which the Paraná Military Police is understood as the final addressee of the normative effects of the decision. The ANPP is therefore legally admissible in State Military Justice, provided that its application concretely safeguards hierarchy, discipline, and organizational integrity.