Negotiated criminal justice

a look at the beneficiary's participation in the non-prosecution agreement

Abstract

The Non-Prosecution Agreement (ANPP), created by Law No. 13,964/2019, emerged as a way to make the criminal justice system faster and more efficient, especially in cases of less serious crimes. The idea is that the accused, before being prosecuted, can make an agreement with the Public Prosecutor's Office, avoiding criminal action, as long as he meets certain conditions. This article aims to analyze whether, in practice, this agreement is being made with the true participation of the accused and his defense attorney, or if it functions only as a document with ready-made rules, where the beneficiary only signs, without being able to discuss anything. The research was conducted by reading books, laws and court decisions, based on the principles of adversarial proceedings, broad defense and due process. The results show that, although the ANPP was designed as a negotiation, it often ends up functioning as an adhesion contract, with little or no participation of the defense. The conclusion of the work is that the ANPP needs improvements to be, in fact, a fair and balanced instrument. This includes more dialogue between the parties, prosecutors more open to negotiation, greater involvement by the defense and stricter control by judges to ensure that the rights of the person under investigation are respected.