Justiça penal negociada: particularidades, controvérsias e desafios práticos do acordo de não persecução penal – ANPP no sistema criminal brasileiro
It is patent that the prison sentence itself is an inefficient solution to criminality, which is revealed in Brazilian prisons, which are overcrowded, commanded by criminal factions and without order or control. In this sense, given the unserviceability of the prison sentence, consensual justice pre...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/38039 |
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| Resumo: | It is patent that the prison sentence itself is an inefficient solution to criminality, which is revealed in Brazilian prisons, which are overcrowded, commanded by criminal factions and without order or control. In this sense, given the unserviceability of the prison sentence, consensual justice presents itself as a state response that is different from the ordinary reprimand for imprisonment. From this, Law No. 13,964, of 2019, provided for the ''Penal Non-Persecution Agreement - PNPA'', and this work, through a descriptive-qualitative analysis, and the deductive method, analyzes the PNPA in all its nuances , normative and practices, and highlights the importance of its implementation being guided by the accusatory system, focusing the constitutional filter It also examines the historical heritage, the main points of art. 28-A of the CPP, its controversial points and its effective application as a means of implementing the accusatory system in Brazil. And, finally, he turns his study back to the practical challenges presented by the institute, among which the access of the vulnerable public to legal assistance, as well as the existence of procedural limits to the institute's retroactivity to reach ongoing criminal proceedings, the basic differences between PNPA and the American plea bargain, demonstrating the adequacy of art. 28-A to Brazilian social needs. From this perspective, the PNPA is seen as an institute with sufficient potential to change the profile of Brazilian criminal justice, making it more negotiating, faster, less incarcerating, more efficient. In this regard, due to the need for safe and attentive application of the PNPA, with a view to not denaturalizing itself in a kind of "adherence contract", or that sets excessively onerous conditions, it is crucial to guarantee technical assistance to the investigated party, especially if dealing with a weak or vulnerable public. Likewise, to guarantee to those against whom there is already a criminal action in progress, the retroactive application of the institute, provided that the receipt of the complaint is observed as a limit. In this way, with the observance of constitutional principles, it is expected that the numbers reveal the changes promised by the PNPA, making the accusatory system effective in Brazil. |
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