Acordo de não persecução penal : novo dispositivo jurídico e sua relação com o princípio da não autoincriminação

Abstract

The non-prosecution agreement entered the Brazilian criminal punitive system through Law 13.964/19, better known as the Anti-Crime Package. Amongsome jurists, it was not unanimous, it was contested through ADINs 5793 (OAB) and 5790 (AMB), but it managed to be polished and entered into force. The ANPP is nothing more than a means of reaching a consensus between the prosecution (MP) and the defense (ADV), before criminal justice, however, this is the subject of conflicts, it is not the objective of this work to expose them or to comment on them, however, it is important to be mentioned, that they are problems related to confession. The ANPP has four existential requirements, and without these, there is no legitimacy of the agreement, which are: 1) formal and detailed confession; 2) criminal offense without violence or serious threat; 3) minimum sentence of less than four years; and, finally, 4) be necessary for the reprobation and prevention of crime.To bridge the problem of the subject, we need to mention that the ANPP was challenged precisely for, theoretically, infringing the principle of non-selfincrimination, by the defendant, a right that is provided for in the Federal Constitution, through its Art. 5, item LXIII. However, the ANPP seeks to repair the injured property or repair the victim; voluntarily relinquish goods and rights; provide services to the community or public entity and pay a pecuniary benefit (penalty in the form of money). That is, the offenders who are supported by the ANPP, in theory, should not pay their sentences in the Brazilian prison systems. From the moment the defendant accepts the agreement, and circumstantially confesses, if everything proposed in the agreement is fully complied with without any occurrence, the individual will continue with a completely clean record, without stating that he committed a crime, he will not have an open case against him and also will not have to go through the exhausting rites of a criminal procedure.