Consensual criminal justice in Brazil

from Plea Bargaining to the non-prosecution agreement (ANPP): pathways to the rationalization of criminal prosecution in light of STJ theme 1.303 and constitutional guarantees

Abstract

This paper analyzes the transition of the Brazilian criminal procedure system from a strictly retributive paradigm to a model oriented towards consensual criminal justice, focusing on the Non-Prosecution Agreement (ANPP), established by Law No. 13.964/2019, known as the "Anti-Crime Package". The research problem seeks to understand to what extent the expansion of these negotiation mechanisms contributes to the efficiency of criminal prosecution without mitigating the constitutional rights and guarantees of the investigated party. It starts from the hypothesis that the motivated availability of criminal action allows for a more rational management of public resources and prioritizes the reparation of damages, although it requires rigorous judicial control to prevent it from becoming an instrument of state coercion. The methodology adopted consists of bibliographic and documentary research, based on specialized doctrinal review, legislative analysis, and examination of contemporary jurisprudence, with special attention to Topic 1.303 of the Superior Court of Justice. This study discusses the tensions between procedural speed and fundamental guarantees such as due process, the presumption of innocence, and the right against self-incrimination, especially in the face of the requirement for a formal confession. The analysis indicates that, although consensual justice presents itself as an instrument for modernizing and rationalizing the criminal system, its constitutional legitimacy depends on preserving judicial impartiality and the genuine voluntariness of the investigated party.