The Incompatibility of Criminal Non-Persecution Agreement with the Brazilian Penal Processual System
DOI:
https://doi.org/10.37497/sdgs.v9i1.77Keywords:
Negotiated Criminal Justice, Criminal Non-Persecution Agreement, ReviewsAbstract
Objective of the study: this research aimed to demonstrate the need to improve the application of the decriminalizing institute of Law n. 13.964/2019, which instituted the Penal Non-Persecution Agreement - ANPP, in view of the wording of art. 28-A of the Criminal Procedure Code.
Methodology: For the preparation of the article, qualitative methodology was used, with bibliographical research being carried out, through the reading of scientific articles that deal with the subject, interpretation of laws, as well as doctrinal works.
Originality/Relevance: This research is based on the assumption that the Penal Non-Persecution Agreement needs legislative changes in order to be compatible with the Brazilian criminal procedural system.
Main results: it was concluded that the institute started from the bases of the North American law and when it is conceived in the way it is placed in the Brazilian legal system, it places the parties in inequality opposing the accusatory system guiding the current criminal process.
Theoretical contributions: The research contributes to demonstrate the need for legislative alteration so that Brazil can internalize the institute of the non-criminal prosecution agreement without being incompatible with the criminal procedural system and offending the accusatory system.
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