The (in) constitutionality of the requirements of the criminal non-persecution agreement

Abstract

This paper deals with the non-criminal prosecution agreement, a new institute that was inserted through Law No. 13.964 / 2019 in article 28-A of the Code of Criminal Procedure. Although there are other institutes that seek an alternative solution, the non-criminal prosecution agreement consolidated the idea of consensual criminal justice in the Brazilian penal system, significantly changing the way in which criminal proceedings are understood, a phenomenon that is that of negotiated justice, which increasingly gains space in the Brazilian criminal procedural scenario. However, in the pursuit of a search for a resolution of the criminal case, some rights and guarantees attached to the accused were run over. Thus, the object of the present work is to analyze the requirements of the non-criminal prosecution agreement, in the light of its (in) constitutionality. Through bibliographic research, based on the deductive method, it was concluded that parts of the requirements required to conclude the agreement are unconstitutional.