The agreement of non-criminal prosecution and the mitigation of the principle of broad defense and the contradictory

Abstract

In the present work, it will be discussed about the punitive power of the State through the Criminal Non-Persecution Agreement, which was introduced into the Brazilian Legal System by law 13.964/2019, and through it a consensus between prosecution and defense in relation to part of criminal offences. This institute allows the defendant, through a series of requirements established by law, to comply with a lighter criminal sanction proposed before offering a complaint. Based on this, the objective of this work is to analyze whether the non-prosecution agreement violates the principles of contradictory and full defense of the accused. The work was formulated through doctrinal research, jurisprudence, research articles present on the internet as well as in current legislation.