A justiça negocial no processo penal : histórico, princípios e o acordo de não persecução penal.

Abstract

Criminal negotiation justice is a resource of criminal policy that aims to reduce the incarceration rate of those who commit minor crimes, confess the error and intend to no longer commit crimes. In Brazil, the tool in question became part of the legal system through the Criminal Non-Persecution Agreement (CNPA), 28-A article of the

Criminal Procedure Code (CPC), from the promulgation of Law 13.964/19 (Anti- Crime Package). Therefore, the main objective of the present study is to analyze the

negotiation justice in the penal procedure according to Brazilian law, doctrine and jurisprudence. In order to develop this research, bibliographic studies by consulting books, scientific articles published in journals, jurisprudence, doctrine, among other sources, were used. In the first chapter, the research describes the historical evolution of negotiation justice in Brazilian criminal law, discussing previous laws, highlighting, for example, the law of Special Courts, with its institutes of conditional suspension of the process and the criminal transaction, in addition to the emergence of the CNPA, highlighting the 2017 resolution of the National Council of the Public Ministry (NCPM) and the subsequent inclusion of the CNPA in the CPC. Besides, the second chapter discusses the principles of business justice, emphasizing the current conditions and requirements for the effectiveness of this resource. Finally, the third chapter discusses the CNPA in more detail, demonstrating, for example, the requirements of the agreement, its conditions and prohibitions, the approval process of the agreement and the role of the defense in the midst of these procedures.