Acordo de Não Persecução Penal à luz da Lei 13.964/2019: uma comparação ao plea bargaining

• Autor(a) principal: Ferreira, Danielle Leite
• 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/7598
• topic: Acordo de Não Persecução Penal; Plea Bargaining; Processo penal

The Non-Perecution Agreement, brought by Law 13.964/2019, was implemented with the objective of containing the procedural slowness and the collapsing prison system, in the search to guarantee the priority of the financial and human resources of the Public Prosecution Service and the Judiciary for the most serious crimes. However, the implementation of ANPP and the absence of criminal procedure, opens wide discussion about the withdrawal of constitutional guarantees from individuals. Furthermore, it opens questions about the function of the operators of the Law, since it removes the jurisdictional power, since, through the institute, the judge acts as a mere homologator of the conditions proposed by the Public Prosecutor. Thus, this procedure has weakened the limits that were foreseen by the Constitution of the Republic and the Penal Code, when it attributed to the Public Prosecutor's Office the powers regarding the attribution of sentences, since such powers are legally reserved for magistrates. Furthermore, the penalties imposed resemble the general extra-penal effects of sentencing, without the accused having, in fact, gone through the due criminal process or even been convicted. Therefore, the present work will be dedicated to analyze the Non-Perecution Agreement in light of Law 13.964/2019 and also to make a comparison with the North American plea bargaining. In addition, it proposes to describe the function of criminal procedure in the Democratic State of Law; to conceptualize the Constitutional Principles of Criminal Procedure; to analyze Law 13.964/2019 and the changes in Criminal Procedure. Methodologically, bibliographic and documentary research was chosen.