Análise sobre a possibilidade da aplicação retroativa do ANPP aos processos em curso antes da vigência da Lei nº 13.964/2019

Abstract

This article aims to analyze the Criminal Non-Persecution Agreement as an instrument of consensual criminal justice, as well as the possibility of retroactive application of the institute to facts that occurred before the enactment of law 13.964/19. Initially, a brief comparison was made between the Criminal Non-Persecution Agreement with the characteristics, bases and foundations of the Plea Bargain, under the aegis mainly of the US system and the common law. Subsequently, a brief analysis of the evolution of consensual criminal justice in Brazilian law. Continuing, the legal nature of the norm that introduced the agreement was clarified, noting that it is a hybrid norm, and analyzing the consequences resulting from this definition from the perspective of intertemporal law. Further more, it was verified that there are divergences, doctrinal and jurisprudential controversies in relation to the time limitation for the conclusion of the agreement. Finally, it is concluded that, despite the differences, the existing precedents of the superior courts have been favorable to the possibility of reaching the agreement only in the procedures in which the complaint has not yet been received. Although, at the present time, it is up to the plenary of the STF, on the occasion of the judgment of HC 185.913 DF, to pacify the understanding about this subject.