On the discretion of the Public Prosecutor's Office in the ANPP and its judicial control: a proposal for legality
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Non-Prosecution Agreement, Discretion, LegalityAbstract
This article aims to present a critique on the negotial model instated by the non-prosecution agreement, as established by Law No. 13964/2019. First, the requirement of a confession to strike a deal is criticized, due to the risk of converting the agreement in an adhesion contract. Likewise, the requirement of certain conditions and the manner in which the accusation is conveyed has the potential to confer excessive discretionary power on the prosecution, which tends to behave more as an authority and less as a party to the agreement. Considering the proposition of a non-prosecution agreement as a duty of the Public Prosecutor's Office in cases where the authorizing legal requirements are present, the possibility of judicial action is defended to ensure an effective negotiation between the prosecution and the defense.
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BRASIL. Ministério da Justiça e da Segurança Pública. EM n.º 00014/2019 MJSP, de 31 jan. 2019. Disponível em: <https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=1712088>. Acesso em 11 mar. 2021.
FIGUEIREDO DIAS, Jorge de. Direito processual penal. Coimbra: Coimbra, 1974.
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