The evolution and application of the criminal non-prosecution agreement: perspectives and challenges in the brazilian legal system

Abstract

This study analyzes the Criminal Non-Prosecution Agreement (ANPP), implemented by Law 13,964/2019, as an instrument of negotiating justice in the Brazilian legal system. Structurally, the work addresses the origin, legal foundations and criteria for applying the ANPP, placing it in the context of criminal procedural law and comparing it to similar practices, such as North American plea bargaining. The general objective is to understand the role of the ANPP in the modernization and efficiency of the Brazilian criminal justice system, while the specific objectives include the analysis of its requirements, benefits and challenges in legal practice. The research adopts a qualitative approach, with a bibliographical review of legal works, legislative analysis and interpretation of judicial precedents on the topic. The methodology includes the systematization of normative and doctrinal data, allowing a comprehensive view of the impacts of the ANPP in reducing the overload of the judicial system and promoting faster and more effective justice. The results highlight that the ANPP has the potential to decongest criminal courts, promote faster processes and strengthen the reparation of damages to victims. However, challenges are identified, such as the mandatory formal and detailed confession and the need to train legal operators for its correct application.