THE ROLE OF THE NON-PROSECUTION AGREEMENT IN REDUCING LITIGATION AND PRISON OVERCROWDING

Abstract

This paper addresses the role of the Non-Prosecution Agreement (ANPP) in the context of the crisis in the Brazilian criminal justice system, marked by high levels of litigation, procedural delays, and prison overcrowding. It starts from the understanding that the traditional model of criminal prosecution, based on the extensive judicialization of criminal conflicts, has proven insufficient to offer proportionate and efficient responses to the diversity of offenses, especially in cases of lesser severity. In this scenario, the ANPP, established by Law No. 13.964/2019 and included in Article 28-A of the Code of Criminal Procedure, presents itself as a mechanism of consensual criminal justice aimed at rationalizing state action, reducing unnecessary judicialization, and containing disproportionate incarceration. The general objective of this research is to analyze the role of the ANPP in reducing litigation and prison overcrowding in the Brazilian criminal justice system, considering both its practical impacts and its limitations. To this end, the study examines the theoretical and normative foundations of the institution, its legal requirements, its conditions of application, its impact on procedural efficiency, and its potential contribution to reducing the flow of people entering the prison system. It concludes that the Non-Prosecution Agreement (ANPP) represents a relevant instrument for the modernization of criminal justice, provided it is applied uniformly, judiciously, and in a coordinated manner between the Public Prosecutor's Office, legal counsel, and the Judiciary, since its effectiveness depends not only on legal provision but also on overcoming cultural resistance, standardizing criteria, and strengthening the institutional capacity of the procedural actors involved.