A eficácia do acordo de não persecução penal aos crimes de racismo: uma análise do RHC 222.599/SC do Supremo Tribunal Federal

Racism is an integral part of the Brazilian social structure, and, therefore, the right to equality and non-discrimination, as well as the repudiation of racism, are constitutionally protected. Thus, the State provides penal measures to address practices resulting from racism, particularly through the establishment of incriminating norms that enable criminal investigative and procedural instruction and promote a state response to both the perpetrator and the victim of the criminal act. In parallel, Negotiated Justice appears, within the criminal scope, as a form of anticipatory punitive measure, which prioritizes the principles of procedural efficiency and celerity, and promotes the recognition of the victim as a subject of rights and guarantees. However, the Second Chamber of the Brazilian Supreme Court, in the judgment of the Ordinary Appeal in Habeas Corpus 222.599 of Santa Catarina, decided not to extend the agreement materially to cases of racial crimes. In this context, the present article seeks to analyze the effectiveness of the non-prosecution agreement (ANPP), a Negotiated Justice institution, when applied to crimes of this nature. For this purpose, using bibliographic research, the text situates racism and the respective penal measures to combat it in Brazil, as well as presenting the ANPP and its well-known benefits for Criminal Justice, regarding procedural celerity and efficiency, reduction of incarceration policies, and the prestige and recognition of the victim as a subject of rights. Finally, using the hypothetical-deductive methodology and bibliographic analysis, the article focuses on analyzing the Supreme Court's decision and the effectiveness of applying the institution to crimes of racism, particularly in relation to ensuring access to justice for the victims of the criminal act.