A (in)eficácia do acordo de não persecução penal como instrumento de desencarceramento no Brasil

Abstract

This paper aims to analyze the Non-Prosecution Agreement (ANPP) within the Brazilian criminal justice system, highlighting its impact as a consensual justice measure. The study explores the development of the ANPP, its legal requirements, and the role of the judge in approving the agreement. Although created as a tool to reduce the burden on the penal system and mass incarceration, the research shows that the ANPP has not achieved the expected results. Data from the Brazilian prison system reveal that, since the ANPP's implementation, the number of inmates has continued to grow, raising questions about the institution's effectiveness in reducing incarceration. The conclusion is that for the ANPP to have a real impact on reducing the prison population, a reform of its eligibility criteria is necessary, including expansion to crimes related to drug trafficking and property crimes, which are currently ineligible for the agreement.