ACORDO DE NÃO PERSECUÇÃO PENAL: natureza jurídica e a (ir)retroatividade da norma que o instituiu

Abstract

This paper analyzes the aspects of the novel decriminalization measure recently included in the Brazilian legal system: the agreement not to prosecute. Such approach is necessary because, as well as any other legal innovation, the ANPP has produced several effects in the legal world, especially because of its (in)applicability, from a temporal point of view, to criminal actions in progress and to facts committed before the effectiveness of the legislation that instituted it, as well as because of the legal nature of the rule. The purpose of this study, then, is to perform a broad

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analysis about the aspects of the decriminalization measure in question, analyzing whether the agreement not to prosecute is retroactive to criminal actions in progress and to facts committed before the effectiveness of Law No. 13,964/2019, as well as the legal nature of the rule and what the doctrine and the Superior Courts dispose about the (ir)retroactivity of the ANPP. This purpose will be achieved from the analysis of the applicable legislations (Code of Criminal Procedure, Criminal Code and Law no. 13.964/19), the legal-exploratory research regarding the bibliographies pertinent to the theme, as well as the understandings of the Superior Courts - STF and STJ. The research showed that the ANPP is a rule of hybrid nature and that it applies to facts occurred before the effectiveness of the Anticrime Package, provided that the complaint has not yet been received.