Retroatividade do Acordo de Não Persecução Penal: análise da jurisprudência dos Tribunais Superiores a partir do julgamento do Habeas Corpus 185.913

Abstract

This article aims to analyze the deferred prosecution agreement, specifically its retroactive effects. For this purpose, the requirements for its proposal and ratification were studied. It also analyzed the legal nature of Article 28-A of the Brazilian Code of Criminal Procedure, which introduced the deferred prosecution agreement into's legal system by Law no. 13.964/19, through doctrinal analysis. Thus, it was discussed whether the agreement could be retroactively applied to events that occurred before the Anti-Crime Law became effective, in view of the retroactivity of the most beneficial criminal law. In this scenario, it was analyzed how the Supreme Court has been deciding the issue, outlining the positions taken so far and commenting on some judgments. Furthermore, Habeas Corpus no. 185.913 was analyzed, a case that judge Gilmar Mendes referred to the Supreme's Court Full Bench in order to establish a definitive thesis on the retroactive nature of the agreement. The votes given so far in the Habeas Corpus were examined, seeking to outline the possible position to be defined by the board, as well as providing explanations for the grounds used in the votes.