A view of the non-criminal prosecution agreement: in the Brazilian criminal process

This article aims to explain the agreement of non-criminal prosecution established by the Anti-Crime Package, Law 13,964 of 2019. The objective is to analyze the main discussions and questions on the subject, such as its constitutionality, the mitigation of the mandatory principle of criminal prosecution, the lack of parity of weapons in the negotiation of the agreement, among others. The agreement of non-criminal prosecution was broadly inserted in the Brazilian criminal proceedings. Nevertheless, being an institute of Consensual Criminal Justice, its constitutionality and benefits are questioned in the criminal procedural sphere, especially in view of the mandatory criminal prosecution. There are still several discussions involving this subject, given that the ANPP is a relatively new institute in the national procedural context. In this tuning stick, the research was based on a methodology elaborated through bibliographic reference analyses, developing a review article, which is characterized in a qualitative analysis, collecting data and arguments of the greatest specialists of the current criminal and criminal procedure area. . In the end, it can be concluded that the scope was to bring the main negotiations involving the theme, its controversies and questions, analyzing in a comprehensive way the agreement of non-criminal prosecution.