The Implementation of the Non-Prosecution Agreement as an Effective Criminal Policy Instrument

Abstract

The agreement of non-prosecution is analyzed as an effective criminal policy to expedite the judicial system and provide a more appropriate response to less serious crimes. Introduced in Brazil by Law No. 13.964/2019, the agreement allows for its conclusion in cases involving crimes with a minimum penalty of less than four years, provided that certain requirements are met. The proper implementation of this instrument can result in a swifter justice system that focuses on more serious crimes, but caution must be exercised to prevent its trivialization and ensure the protection of the accused's fundamental rights. A critical analysis is necessary regarding its compatibility with constitutional guarantees and its impact on reducing impunity, as well as assessing its effectiveness in promoting justice and preventing crime. This debate seeks to contribute to the improvement of the criminal justice system and a safer and fairer society.