Acordo de não persecução penal e o acesso à justiça: solução eficiente ou violação de garantias ?

Abstract

The Non-Prosecution Agreement (ANPP), introduced by Law No. 13.964/2019, represents an important instrument of negotiated criminal justice, allowing the resolution of less serious criminal conflicts through consensus and extrajudicial means. This paper critically analyzes the ANPP from the perspective of access to justice in a democratic state governed by the rule of law, examining its foundations, application requirements, limits, and practical impacts. The research adopts a qualitative and bibliographical approach, based on doctrine, legislation, CNMP resolutions, and jurisprudence of the superior courts. It was found that, although the institute contributes to the speed and efficiency of criminal prosecution, its effectiveness still faces challenges related to the broad discretion of the Public Prosecutor's Office and the insufficiency of institutional controls capable of guaranteeing equality and transparency in its application. It is concluded that offering the Non-Prosecution Agreement (ANPP) constitutes a true power-duty of the Public Prosecutor's Office, and that judicial control is essential to ensure the observance of fundamental guarantees and the legitimacy of negotiated justice. Thus, strengthening objective criteria and control mechanisms is an indispensable condition for the agreement to fulfill its constitutional purpose of promoting a more rational, equitable, and democratic criminal justice system.