The criminal non-prosecution agreement and its reflections for the accused

This article aims to analyze the effects produced by law 13.964/2019, which generated the non-criminal prosecution agreement (ANPP), which through this institute made it possible for a consensus between prosecution and defense in relation to part of the infractions penalties provided for in the Brazilian legal system. This institute allows the defendant, who, through some requirements established by law, to comply with a lighter criminal sanction, and will be proposed before the Public Prosecutor's Office offers a complaint. The problem contained in this article is related to its consequences for the accused, since the formal confession that is one of the requirements required for the conclusion of the agreement, which clashes with the principle of ample defense and contradictory, will still address about the resolution nº 181 of 2017, and whether there is a possibility of concluding the agreement during the criminal investigation. The work begins by observing what is due process of law and its relationship with the non-prosecution agreement and public criminal action. Subsequently, it is pointed out what would be the criminal non-prosecution agreement and the modifications promoted by law 13.964/2019, the requirements for the proposal of the agreement and the penalty in case of non-compliance by the accused, and finalizing it makes a brief analysis of the law comparison, if the agreement is configured as a subjective right of the defendant and without which stage of the criminal procedure it could be proposed. It was possible to conclude, in the end, that the Criminal Non-Prosecution Agreement is not a subjective right of the defendant, but it is a great ally of the accused who can benefit from judicial speed and not having a criminal record and from Brazilian justice, following a worldwide trend that it migrates to the consensual process as a way of quickly resolving conflicts and also relieving the judicial system The work was formulated through doctrinal research, jurisprudence, research articles present on the internet as well as in current legislation.