NON-PERSECUTION AGREEMENT: DYNAMICS OF THE BENEFIT AND ANALYSIS OF OMISSION REGARDING THE OBJECTIVE REQUIREMENT OF VIOLENCE

DINÂMICA DO BENEFÍCIO E ANÁLISE DA OMISSÃO QUANTO AO REQUISITO OBJETIVO DA VIOLÊNCIA

Abstract

The Criminal Law evolves seeking to keep pace with societal changes. Law No. 13,964/19, also known as the Anti-Crime package, altered criminal and procedural criminal legislation in various aspects. Among them, Article 28-A was included, which formalized negotiated criminal justice through the institute of the non-prosecution agreement (ANPP) in procedural criminal legislation. The ANPP is an extrajudicial criminal legal agreement between the Public Prosecutor's Office and the accused to reach a sanction without the need for criminal action. However, one of the objective requirements for the accused to enjoy such a benefit is that they have committed the criminal offense without violence or serious threat. The problematic aspect of this study revolves around the fact that the provision is not clear regarding the type of violence, whether it is present in the conduct or in the result. Crimes such as negligent homicide and negligent bodily harm are examples of negligent crimes with violent outcomes, thus leading to a certain ambivalence regarding the possibility of offering the ANPP when dealing with such criminal offenses. Therefore, in this article, the origins of such an institution of negotiated criminal justice, its operation, and requirements in Brazil will first be pointed out, followed by an elucidation of the main aforementioned theme. Additionally, the question will be raised at the end regarding the victim, as the provision also does not specify whether violence directed necessarily against the person would be the only negative prerequisite for offering it, thus the doubt arises whether violence against property or animals, for example, would present an obstacle to such benefit.