Application of the criminal non-prosecution agreement (ANPP) in privileged drug trafficking: possibilities and limits

Abstract

This work examines the application of the Criminal Non-Prosecution Agreement (ANPP) in cases of privileged drug trafficking, as provided for in paragraph 4 of article 33 of Law nº 11,343/2006. Through a comprehensive analysis, differences of opinion among jurists regarding the use of the ANPP in this context are investigated, considering legislative interpretations and recent court decisions. The research method adopted includes bibliographic review, case law analysis and legislative interpretation. While some defend its viability, as long as the particularities of each case are observed, others question its suitability given the seriousness of the crime. It is noteworthy that the anti-crime package definitively removed the heinous nature of privileged trafficking. The study also addresses the absence of mention of the ANPP in article 28-A of the Criminal Procedure Code, which raises questions about the possibility of its application in cases of privileged trafficking. Among the contrasting perspectives, some experts argue that the ANPP is not suitable for drug trafficking, as it does not guarantee the criminal effectiveness necessary to combat organized crime and dedication to criminal activity. On the other hand, there are jurists who defend its application, highlighting its inclusion in the legal system. Drug trafficking and the possibility of applying the Criminal Non-Prosecution Agreement (ANPP) are topics debated in legal doctrine. It is concluded that the effectiveness of the ANPP in cases of privileged drug trafficking is controversial and requires individual analysis. The difficulties in immediately applying the penalty reduction for the ANPP proposition are highlighted, as well as the importance of supporting evidence in the procedural phase.