O acordo de não persecução penal enquanto um direito fundamental do investigado: uma análise sobre o artigo 18 da resolução 181/2017 do conselho nacional do ministério público

Abstract

Consensual justice manifests itself as a legal trend in the Brazilian scenario, mainly due to the irradiation of fundamental values ​​declared by the 1988 Constitution. In order to make access to justice effective and guarantee a reasonable time to the process, consensus mechanisms were incorporated into the ordering homeland legal. In criminal procedural law, this incorporation, by virtue of the constitutional division of legislative powers, occurred, as a rule, through the enactment of formal laws. It happens that, in the year of 2017, a non-legislated normative act guaranteed to the individual, now investigated by the Public Prosecutor's Office, the possibility of entering into a non-criminal investigation agreement, as defined by Resolution 181/2017 of the National Council of the Public Prosecutor's Office. Once the requirements for offering the agreement have been met, if the accused chooses to confess to the criminal offense, he will in return receive the benefit of not being reported, in addition to serving an alternative criminal sanction to the custodial sentence. Investigations are closed without a criminal record. Therefore, what causes this work is the uproar founded on the legal nature of the agreements currently issued by the ministerial resolution. The objective is to determine whether this institute is constitutional and adequate to the Brazilian legal system. The methodology used was bibliographic research in national works and legislation, but also the data collection of the National Survey of Penitentiary Information and of judges from the federal criminal courts of Vitória - Espírito Santo. The result shows that the non-criminal prosecution agreement is not only a tool for expanding fundamental rights, but also represents, in itself, a fundamental right of subjective exercise in the context of pre-procedural defense