O ACORDO DE NÃO PERSECUÇÃO PENAL: RETROATIVIDADE E APLICABILIDADE NOS PROCESSOS EM CURSO

ABSTRACT This scientific article aims to explain how consensual means of resolving criminal conflicts are more effective, quick and satisfactory in the current criminal process, focusing on the non-criminal prosecution agreement and its possible beneficial retroactivity. In this sense, the hypothetical-deductive method will guide the approach, considering it essential to support the interpretation of informative studies and analyze the content of the conclusions regarding the propositions presented, raise aspects of mental escape and seek conclusive evidence about it, as well as propagation to the reality. Furthermore, in research regarding technical procedures, bibliographical research involves the theory announced through the examination of scientific articles, literature, columns, Statements and Court decisions support the basis for guaranteeing knowledge. In the end, it is inferred that the non-criminal prosecution agreement is one of the fundamental ways to make the Judiciary more agile and economical both temporally and financially. Therefore, its retroactivity in ongoing processes before the entry into force of the “Anti-Crime Package” would certainly contribute to the evolution of the Brazilian legal system in the criminal procedural sphere. However, it’s undeniable that the requirement of formal and circumstantial confession of criminal conduct violated fundamental guarantees of the accused. Keywords: Consensual Justice. Non-criminal prosecution agreement. Process. Retroactivity.