Application of the criminal non-prosecution agreement to military crimes
Keywords:
penal Non-persecution agreement, application, anti-crime package, military criminal procedureSynopsis
This course conclusion work aims to analyze the applicability of the Criminal Non-Persecution Agreement to military criminal proceedings. Initially, the institute, which is a way of mitigating the principle of mandatory criminal action, was dealt with by Resolution No. of the possibility of its application to the Military Justice, in face of the nature of the military criminal procedure. Thus, the application of the institute must be evaluated according to the specific case. To get to this conclusion, it was assumed that the lack of express legal provision, enabling the application of the ANPP in military justice, cannot be understood as a prohibition, because in these cases, the decision must be subsidized by principles, in this case, that of the isonomy. For the elaboration of this study, the deductive research method was used, which consists of the analysis of general arguments for the formulation of specific arguments, based on bibliographies that permeate the subject.
References
MAGALHÃES, João Victor Ramos; MIRANDA, Leonardo Estevam. Aplicação do acordo de não persecução criminal aos crimes militares. 2021. 45f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.