BRAZILIAN PENAL SYSTEM FROM A NEW PERSPECTIVE FOR THE EXECUTION OF CRIMINAL NON-PROSECUTION AGREEMENT MEASURES

Abstract

This systemic review study brings as a reflection knowledge about the Brazilian Penal System with an emphasis on a new perspective for the execution of the Criminal Non-Prosecution Agreement measures. That said, this agreement can be defined as a type of pre-procedural legal interest between the Public Prosecutor's Office and the person under investigation, assisted by their defender. In it, the parties negotiate clauses to be fulfilled by the accused, who, in the end, will be favored by the extinction of punishment. In this sense, the general objective was to present discussions about the Criminal Non-Prosecution Agreement measures in the Brazilian criminal legal system, carrying out, to this end, a general analysis of executions and measures in the meantime. The specifics are aimed at: showing historical nuances about the Brazilian Penal System; understand the executions and measures related to Public Ministry processes; show some controversies of this agreement. Thus, the methodology was the result of bibliographic, exploratory and qualitative research, carried out in the SCIELO virtual library and on the Google Scholar digital platform. In the search, the following descriptors were used: “Brazilian penal system”, “defender”, “investigated”, and “penal non-persuasion agreement”, the articles used were published in the last 10 years and some previous ones of extreme relevance for understanding the subject. . In addition to a manual search of citation classifications of the chosen articles that was carried out to locate works not cited in these information banks. In this way, the results showed relevant debates on Law No. 13,964/2019, introducing the (ANPP) into criminal legislation in the scenario of the expansion of Consensual Justice in Brazil, originating from the 1988 Constitution, in relation to the general lines for civil composition. In this way, it was concluded that debating about the (ANPP) is a key component within the understanding of the Brazilian Penal System, as there were numerous institutes aimed at strengthening consensual justice, where processes are signed and formalized in writing by the member of the Public Prosecutor's Office, by the person being investigated and by his defender.