Acordo de não persecução penal à luz do minimalismo penal

Abstract

This monograph offers a critical analysis of the Non-Prosecution Agreement from the perspective of penal minimalism, examining to what extent this mechanism is compatible with the subsidiary nature of Criminal Law and the principles of the Democratic Rule of Law. Starting from the structural crisis of the Brazilian criminal justice system, characterized by selectivity, prison overcrowding, a high number of pretrial detainees, and the persistence of inquisitorial practices, it reconstructs the political-criminal and normative context of the ANPP, framed within the expansion of negotiated criminal justice and the reforms introduced by Law 13.964/2019. Based on a theoretical framework grounded in penal minimalism and garantism, and on a hypothetico-deductive methodology supported by bibliographical and documentary research, it examines the normative structure, requirements, and functioning of the ANPP, as well as the main scholarly criticisms of the mechanism. The study concludes that the ANPP has the potential to rationalize criminal prosecution in less serious offenses, but reveals significant ambivalences regarding the requirement of a formal confession, the breadth of prosecutorial discretion, and the guarantees in the pretrial phase, so that its alignment with the ideal of minimal criminal law depends on restrictive interpretation, greater procedural standardization, transparency in the criteria for offering agreements, and the strengthening of defense rights and judicial oversight.