Uma releitura do ANPP sob a perspectiva dos direitos humanos:

a necessária participação da vítima na conformação do acordo

Abstract

With the Criminal Non-Persecution Agreement, our legal system started to allow that criminal facts considered of medium offensive potential, and whose investigation is not subject to filing and do not involve violence or serious threat, are also the object of legal adjustment between the Public Ministry and the alleged perpetrator. More comprehensive than the already known criminal transaction, the new type of agreement, introduced by Law 13.954/2019, requires the formal and circumstantial confession of the investigated and provides, among other conditions, for the repair of damage or restitution of the thing to the victim. However, there is no express provision for the victim's active participation in shaping the agreement. This article re-reads the ANPP from the perspective of Human Rights and from the perspective of victims of crimes. It maintains that the active participation of the latter, not only prestige him as a subject of rights, but also guarantees him effective access to justice, which is understood as the concreteness of substantial justice. In addition to the international instruments and jurisprudence of the IACHR, Resolution 123 of the National Council of Justice and the UN 2030 Agenda are highlighted.