Acordo de não persecução penal no poder judiciário brasileiro frente ao princípio da obrigatoriedade da ação, seus efeitos e aplicabilidade: uma evolução histórica da punibilidade

Abstract

The Non-prosecution Agreement - NPA, similarly consists of a model of selfcomposition, originated in American law, common law, in which the parties involved make commitments so that a criminal action is not initiated against the person who commits a crime and recognizes that he committed it. This work is justified by the need for a deeper debate about the ANPP. If its execution would bring impunity or a less demanded justice. For this, the work has the objective of investigating the literature on the subject above, discussing the effects of the ANPP in the Brazilian judiciary and the historical evolution of the applicability of penalties. The research was conducted between the months of March and November 2022, where the articles that fit the following inclusion criteria were selected: the type of study (qualitative and quantitative research), publications in Portuguese and English, studies that addressed the effects of the Non-Prosecution Agreement in the Brazilian judiciary. Thus, it is possible to conclude that even though it is based on the neoliberal principles of the minimal state, the ANPP today works as a powerful weapon against state bureaucracy, slow justice, and the criminalization of poverty. If agreed between the parties, it can be a strong weapon against the criminalization and marginalization of the less wealthy social classes.