Justiça negocial na Lei de Drogas: a aplicabilidade do Acordo de Não Persecução Penal nos crimes de tráfico de drogas em Governador Valadares/MG

Abstract

The Criminal Non-Prosecution Agreement entered the legal system in 2019 with the purpose of giving autonomy to members of the Public Ministry with the mitigation of the principle of obligation in summary and ordinary proceedings. Despite this, much is discussed about its possible uses as a procedural business when dealing with its application to the crime of drug trafficking, in addition to doctrinal and jurisprudential divergences when it is offered. The present study aims to understand the objective and subjective elements that permeate the understandings of the members of the Public Ministry of Governador Valadares/MG in the proposal of the Agreement and how this shapes the effectiveness and reach of this as a criminal policy that reduces harm and protects fundamental rights. To this end, firstly, the concept of minimum criminal law was delimited as one of the aspects that underlie the existence of alternative sentences to prison, while in the second moment, the existence of the ANPP in the legislation and its requirements was unraveled, comparing the understandings of specialized doctrine and jurisprudence, especially from the higher courts and the Court of Justice of Minas Gerais. As a result, an attempt is made to compare the result of the efforts of scholars and jurists with the somewhat uncertain scenario of the Agreement in the Comarca of Governador Valadares and how this can negatively interfere in the application of the ANPP, both in the procedural scope and in the scope of execution criminal.