Criminal non-prosecution agreement and the Plea Bargaining

This Monograph aims to illustrate and show the institute of the non-criminal prosecution agreement, its particularities, purposes, and to show clearly and objectively how it has been used in the Brazilian judicial system. This course conclusion work aims to show, in a didactic and intuitive way, how the criminal non-prosecution agreement brought by law 13.964/2019, in article 28-A of the Code of Criminal Procedure, works and to explain its characteristics and similarities, in order to bring ease of understanding to the reader of this monograph on the subject. Also, it aims to contextualize Plea Bargaing, which is the instrument used in the Commow Law. The following chapters demonstrate how the Criminal Non-Prosecution Agreement is used in Civil Law, which is the current rule in our Brazilian Law. The Criminal Non-Prosecution Agreement presents three basic principles, namely: effectiveness, speed and procedural economy, through which the aim is to improve the Brazilian criminal system, which is overloaded, and the effectiveness of law enforcement. criminal. It will also be demonstrated the conformity of the criminal non-prosecution agreement with other devices already foreseen in the national legislation, namely: award-winning collaboration (art. 4º, § 4º of Law nº 12.850/13), penal transaction (art. 76 of the Law nº 9099/95) and conditional suspension of the process (art. 89 of Law nº 9099/95).