The non-prosecution agreement in view of the principle of mandatory criminal action

This monograph deals with the analysis of the non-criminal prosecution agreement, an important instrument of criminal policy, established by Law 13.964/19 - Anti-Crime Package, which expanded the Negotiated Consensual Justice with the provision of said agreement, as well as the form in which it institute of gate in front of the Principle of the obligatory nature of the penal action. The objective of the research is to demonstrate the benefits of the institute for criminal justice and its consequent mitigation of the mandatory principle. A study was carried out, through bibliographic reviews, legislation, analysis and reading of articles, on how the non-criminal prosecution agreement, despite reducing the degree of importance of the aforementioned principle in relation to crimes with less offensive potential, brings important benefits criminal policy, how to make it more effective, efficient and speedy. The discussions show that the benefits offered by the non-criminal prosecution agreement transcend the judicial sphere, achieving not only the result of sanctioning the accused for the offense committed, but also enabling a more active role for the victim in the process, enabling more transparent monitoring of punishment imposed on the investigated.