Lei 13.964/2019 – “Pacote Anticrime”: breve análise do artigo 28-A (ANPP) do CPP

Abstract

The present work initially proposed to deal with issues related to Law 13,964/19 (Anti-Crime Package), with the innovations, alterations made, both in the Penal Code and Criminal Procedure, as well as in Extravagant Criminal Laws. We syncretically address its progress, mishaps, vetoes and suspensions of some provisions, and then address the central theme, which is the ANPP, provided for in article 28-A of the CPP. We carried out an approach of what the provision is and its foreseen application, and then we enter into the discussion on the subject, that is, the jurisprudential divergence between STJ groups, which refers to the retroactivity or not of the institute's application. At the end of the entire presentation, we reach the preliminary conclusion that this provision is a MIXED CRIMINAL rule, therefore it includes material aspects, and therefore it must be retroactive to the benefit of the defendant, as provided for in art. 5, item XL of CF/88. We also conclude that, once the individual fulfills the subjective and objective requirements for the proposition of the non-criminal prosecution agreement, it becomes a subjective right of the same, and therefore cannot be a discretionary act of the MP. However, the Thesis on the subject will be the responsibility of the STF, which, through the Full Court in judgment HC 185.913/DF, where it will sign the Thesis to be applied, with a view to providing predictability and legal certainty to be applied to the provision dealt with herein