The (un)feasibility of the criminal non-persecution agreement in the brazilian legal order

Authors

  • Paola Gabrielle Inda Teixeira
  • Taina Spadoa Vidi
  • Renata Sebben Mohr
  • Joana Carvalho Machado
  • Ulysses Fonseca Louzada

Keywords:

Non-Criminal Prosecution Agreement. Due Legal Process. Negotiated Penal Justice. Constitutional Principles. Criminal Proceedings.

Abstract

It is intended, in this paper, to analyze the institute of the Penal Non-Persecution Agreement under the aegis of its (in)constitutionality in the brazilian criminal process, in view of the unavailability of the criminal action. It begins with an examination of its requirements, conditions and restrictions, covering the panorama of the Agreement, from its offer to its approval. It proceeds with the study of the Agreement from the perspective of procedural speed and criminal penal justice. It concludes with the analysis of the possible unconstitutionality of this instrument, in view of the due legal process and other constitutional principles related to the criminal process as a whole, possibly mitigated by the offer of the Penal Non-Persecution Agreement. Therefore, the dialectical approach method, monographic procedure method and bibliographic research technique are used. It concludes that the instrument can be seen as being antagonistic to the Brazilian legal system, revealing real opposition to constitutional principles, especially regarding due legal process.

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Published

2021-01-27

How to Cite

TEIXEIRA, P. G. I.; VIDI, T. S.; MOHR, R. S.; MACHADO, J. C.; LOUZADA, U. F. The (un)feasibility of the criminal non-persecution agreement in the brazilian legal order. Revista da Defensoria Pública do Estado do Rio Grande do Sul, Porto Alegre, n. 27, p. 341–361, 2021. Disponível em: https://revista.defensoria.rs.def.br/defensoria/article/view/292. Acesso em: 27 nov. 2024.