Drogas, morte e crimes sexuais: a negociação da punibilidade encontra espaço no sistema de justiça brasileiro?

Abstract

This study analyzes the application of the Non-Prosecution Agreement (ANPP) in cases of privileged drug trafficking, negligent homicide, crimes against sexual freedom, and sexual crimes against vulnerable individuals. The research explores the development of the ANPP in Brazilian legislation, as well as its jurisprudential and doctrinal discussions, aiming to demonstrate the standardization of its applicability across different criminal types. The methodology employed in this study is based on bibliographical research, supported by doctrinal positions, case law, and scientific studies. For example, Vasconcellos contributed to understanding the concept of negotiated criminal justice, Cabral examined the structure and broader aspects of the ANPP, and Brazilian case law provided insights into its application—or lack thereof—in the scenarios analyzed. The findings reveal that the application of the ANPP depends on a concrete assessment of each case by the Public Prosecutor’s Office, considering that the violence prohibiting its use may extend beyond physical violence, a factor the prosecutor must evaluate before proposing the agreement.