A justiça criminal negocial e a lei federal no 13.964/2019: uma análise do instituto do acordo de não persecução penal aplicado ao ordenamento jurídico brasileiro durante a pandemia da COVID 19.

Abstract

Faced with the massive incorporation and application of negotiation institutes within the scope of Brazilian criminal procedural law, aiming at the creation of a more humanized criminal justice and focused on the speedy and effective resolution of the crime, with appreciation of the figure of the victim and active participation of the offender, this work analyzed the application of the Non-Persecution Agreement, legally established by Federal Law nº 13.964/2019, in the context of the COVID19 pandemic (2020-2022), to the extent that the vacatio legis was short, the little legal predictability and the generalized health crisis provided several obstacles to be overcome by the Public Ministry bodies across the country. Aiming to explain the different experiences lived by the parquet, as well as to disseminate the good practices adopted, a systematic and qualitative approach was chosen, methodologically, with the adoption of a bibliographic-documentary study, which resulted in the investigation of the many and positive experiences, noticing that the Public Ministry turned the difficulties into opportunities for growth in its performance, with the migration to the remote modality being a trigger that boosted the fulfillment of demands, as well as providing a true technological revolution. It was also seen that some questions about the legality and applicability of the ANPP were resolved, as well as others are pending judgment by the STF, however, its acceptance was significantly expanded in view of the positive results obtained and the vast possibility of application to numerous criminal species.