Justiça penal negociada: o acordo de não persecução penal como instrumento de política criminal

Abstract

Modern criminal policies have the power to dry the machine of the judiciary, since every day thousands of demands are proposed, which move the entire judicial apparatus. The model of consensual justice helps to solve this problem, providing more speed, efficiency and economy, as well as improving overcrowding in prisons, given that crimes of small and medium offensive potential do not serve a sentence that restricts freedom. The National Council of the Public Ministry, with the edition of resolution 181/2017 and the national congress with the approval of law n° 13.964/2019, took a very important step in terms of the process of modernization of negotiated criminal justice. It is worth noting that if the offense committed by the defendant meets the appropriate requirements and wishes to settle, this measure makes the judicial response more effective and quick, and the victim can have his damage repaired immediately. The methodology that will be used in this study is suitable as a bibliographic investigation through research in doctrinal books, scientific articles, scientific journals related to criminal procedural law, especially criminal policies, with the main focus on judicial interventions within public policies related to law the health.