NON-PERSECUTION AGREEMENTS: CHALLENGES AND PERSPECTIVES

• Autor(a) principal: Guimarães de Paula, Ana Paula
• Data de Publicação: 2020
• Outros Autores: Campos Faria, Luísa
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/382
• topic: Acordos Decisórios.; Acordo Leniência.; Lei Anticrime.; Acordo de Não Persecução Cível.; Decision Agreements.; Leniency Agreement.; Anticrime Law.; Civil Non-Pursuit Agreement.

The present article seeks to make a brief presentation about the Decision Agreements, a genre that encompasses several institutes of our legal system, such as the Leniency and Non-Persecution Civil Agreements. Introduced to the genre, this article discuss to outline the institute referring to Civil Non-Persecution Agreements, a new figure in our legal order, introduced through the Anticrime Law of 2019. In this sense, starting from the teachings of Amanda Athayde and Rafael Carvalho Rezende Oliveira, this article sheds light on a series of problems involving the genre of Decision Agreements, as well as the solutions that have been put forward to resolve them. In this sense, it is already possible for the authorities to advance on several points regarding such controversies. In this way, such instrument could note be born with the same legal insecurities regarding the genre to which it belongs, and can be applied effectively. Furthermore, it is concluded that there is a need for coordination between the competent public agents to deal with crimes against public administration, in order to guarantee not only the effectiveness of the Civil Non-Persecution Agreement but also of any Decision-Making Agreement.