O acordo de não persecução penal à luz da resolução n181/2017 e nº 183/2018 do conselho nacional do ministério público

Abstract

The present work proposes a theoretical, doctrinal and jurisprudential analysis on the implementation of the non-prosecution agreement, an eminent new institute brought in the context of Resolution No. 181 of the National Council of the Public Prosecutor's Office that deals with the Criminal Investigation Procedure. Instigated by the questions related to the topic, especially as to its real practical effectiveness for the judicial process, the study of the best doctrine and jurisprudential understandings sought to identify the objective of the legislator regarding the creation of the institute, as well as to analyze, even if under the theoretical impact, the positive consequences of its implementation. In order to reach the conclusion, it began with the historical evolution of the Public Prosecutor's Office until its consecration as an essential function of justice in the current constitution, including the analysis of its institutional criminal functions and the contextualisation of the normative force of the resolutions of the National Council of the Public Prosecutor's Office. Afterwards, we study the instruments that reiterate the Public Prosecutor's Office as the owner of the criminal investigation in the context of non-mandatory public prosecution and the principle of opportunity. Finally, the study of the agreement of non-prosecution and its inspiration in models used in Comparative Law making an interconnection with the agreements envisaged in complementary legislation in Brazil and its reflection on the possible decrease of the culture of imprisonment in our country.