O acordo de não persecução penal como instrumento de resolução de conflitos à luz da justiça negocial.

Abstract

The present monograph aims to analyze the relevance of negotiated justice within the Brazilian criminal process, with a special focus on the non-prosecution agreement, a legislative innovation introduced by Law Nº 13.964/19. The objective is to examine the role of the Non-Prosecution Agreement (NPA) in the Brazilian criminal justice system with the aim of decarceration. To develop this work, bibliographical research has been used, including consultations of books, scientific articles published in journals, jurisprudence, doctrine, and other relevant sources. In the first chapter, the research provides an overview of the historical evolution of negotiated justice in Brazilian criminal law, addressing previous legislations. Notable examples include the Law of Special Courts, with its institutions of conditional suspension of the process and penal transaction, in addition to the introduction of the NPA. Furthermore, relevant principles are discussed, and models from countries that employ negotiated criminal justice are presented. In the second chapter, the NPA is examined in greater detail. The requirements of the agreement, its conditions, and limitations, as well as the procedure for agreement approval, are presented. Finally, the third chapter consists of an analysis of the application of the NPA, highlighting the controversies and challenges surrounding its implementation.