Análise do acordo de não persecução penal e seus aspectos intertemporais

• Autor(a) principal: Medeiros, Geana Simão de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15491
• topic: Acordo de não persecução penal; Direito intertemporal; Processo Penal

Objective: To analyze the application of the criminal non-prosecution agreement to lawsuits in progress or res judicata on a date prior to the entry into force of the Law no. 13.964/2019. Method: The research is classified as an exploratory level and a qualitative approach. The procedure used for data collection is characterized as bibliographic and documentary, given the materials used for research such as articles, doctrine, legislation and jurisprudence. Results: The criminal non-prosecution agreement is a negotiating institute, of a hybrid or mixed nature, which may be signed between the representative of the Public Prosecutor and the investigated person accompanied by his defender, provided that the requirements are met and certain conditions are met. In addition, it was found that the same can be applied retroactively, in order to reach ongoing or unappealable cases before Law no. 13.964/2019. Conclusion: The agreement, in addition to bringing benefits related to speed and procedural savings, helps to fight impunity. However, after considering the doctrinal positions and jurisprudence, it was observed that, despite being inserted in the Brazilian legal system, there is still a long way to go as far as the institute studied, so that it acquires more outlined contours, in order to provide legal certainty regarding its retroactive application.