Justiça criminal negocial: abordagem do instituto do acordo de não persecução penal sob a óptica principiológica do devido processo legal e de sua legalização pela lei nº13.964/19

• Autor(a) principal: Rodrigues, Samara Andrade
• Data de Publicação: 2021
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/59004
• topic: Acordo de Não Persecução Penal; Devido Processo Legal; Direitos e Garantias Fundamentais; Justiça Criminal Negocial; Lei Anticrime

The present work has as its object the study of the Penal Non-Persecution Agreement, formally introduced in the Brazilian Legal System through Law nº 13.964/19 - in spite of its previous regulation by the National Council of the Public Prosecution -, under the perspective of the principle of due legal process and the corresponding new legislation. In the meantime, using the research of deductive scientific method with exploratory objectives, the work analyzes the general consensual context, in order to arrive at the delimitation of the non-persecution agreement and the main negotiating vectors in force, whose origin dates back to the countries of Anglo-Saxon formation. It then explores the scope of the areas of consensus and the legislative evolution of the non-persecutory agreement in Brazilian law. Finally, it focuses on the investigation of the institute from the perspective of the principle of due process and of the subprinciples based on their delimitations conferred by the Anticrime Law. It is concluded that the Penal Non-Persecution Agreement, as it is currently designed, despite being an alternative path to the process that is sometimes unsatisfactory and unfortunate, needs a new guise that allows the accused mainly of exercising the most pressing constitutional rights and guarantees of human dignity. It is also proposed to curb the vertiginous growth of consensus mechanisms in the national legal order, under penalty of denaturation of the principle structure under which it was built.