Ir(retroatividade) do acordo de não persecução penal

Abstract

The non-prosecution agreement governed, firstly, by art. 18, of Resolution nº 181/17, of the National Council of the Public Ministry (CNMP), was inserted in the Criminal Procedure Code, in its art. 28-A, through L. 13.964/2019, known as the Anti-Crime Package, and came into force on January 23, 2020. In this sense, as it is an extremely recent institute, many of its topics still do not have peaceful understandings or, at least , majority, which has caused a lot of insecurity and inequality in its practical application. Thus, the present work seeks to discuss the (ir)retroactivity of the criminal non-prosecution agreement. To this end, an analysis was carried out of the four currents referring to the topic: (1) retroactivity of the non-prosecution agreement until the complaint is received; (2) retroactivity of the non-prosecution agreement until the conviction; (3) retroactivity of the non-prosecution agreement until final and unappealable; (4) retroactivity of the non-prosecution agreement until the convictions have already become final