MENEZES, W. A.; http://lattes.cnpq.br/9475115143840536; MENEZES, Weverton Araújo de.
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.
