Acordo de não persecução penal: um estudo sobre a prescindibilidade da audiência de homologação do § 4o, art. 28 A, CPP

Abstract

The present work aims to analyze the dispensability of the hearing for the ratification of the Non-Prosecution Agreement (ANPP), as provided in § 4, art. 28-A, CPP, and propose that the ratification may alternatively occur in chambers, at the discretion of the parties, thereby optimizing the judicial process. The ANPP was implemented in Brazil inspired by the German absprache and the U.S. plea bargain models of negotiated justice and has encountered the mandatory hearing for its ratification as one of the obstacles to achieving its objectives. The research adopts a qualitative-quantitative, exploratory, and translational approach, involving a literature review, documental and bibliographical research, combined with action research. Thus, grounded in the Professional and Translational perspective of the Program, the product is developed, substantiated in the proposal of an alternative and voluntary process for the judicial ratification of the ANPP in chambers, implemented in the First Federal Court of the Judicial Subsection of Ponta Grossa (PRPGO01). Based on the description (process explanation) and evaluation of the changes and the in-depth knowledge over the period 2020- 2023, the symbiosis between theory and practice is achieved, yielding positive and satisfactory results of the product in the analyzed period. This dissertation and its product can serve as a theoretical framework for future research and to foster practical discussions, aiming at legislative amendment or regulation by the CNJ, to provide better judicial service, ensuring the fundamental rights of the investigated, victims, lawyers, and society, with maximum effectiveness and administrative efficiency, in alignment with the National Judiciary Strategy 2021-2026 and the UN 2030 Agenda.