(In)constitucionalidade do acordo de não persecução penal: uma análise crítica a partir da contemplação da Resolução 181/2017 do Conselho Nacional do Ministério Público

Abstract

This paper analyzes the fundamental precepts of the Criminal Non-Prosecution Agreement, contemplated by Resolution 181/2017 of the National Council of Public Prosecution, and its application in the Brazilian consensual criminal justice, making a critical analysis of the consequences of it coming into effect. Starting from a doctrinal study of the adversarial and non-adversarial procedural systems, rooted in common law and civil law, respectively, it establishes a basis for the doctrinal and legislative examination of the regulations of civil composition of damages, criminal transaction, conditional suspension of the process and turn state's evidence agreement, in order to finally explore the criminal non-prosecution agreement inquiring about its constitutionality. Finally, it is noted that the guidelines introduced by Resolution 181/2017, as well as by Law 13.964/2019, regarding the precepts of the criminal Non-prosecution agreement, are unconstitutional. It is also argued that a change in the criminal procedure system is really necessary, however, without hurting legislative basis guarantees.