Cabe ANPP em crimes praticados antes da vigência da lei 13.964/2019?

Introduction

The speaker introduces himself as a criminal lawyer and discusses the application of the non-prosecution agreement in cases before the enactment of Law 13.964 in 2019.

Understanding Non-Prosecution Agreement

• Non-prosecution agreements are governed by Article 28A of the Criminal Procedure Code, established under Law 13.964 in 2019.

• Before 2019, non-prosecution agreements were part of negotiated or consensual justice but were not widely accepted due to being based on a resolution rather than a law.

• Non-prosecution agreements apply to non-violent crimes with a minimum sentence below four years, requiring a detailed confession for crime prevention.

• Key points include the Supreme Federal Court's view on pre-investigation confessions and the negotiable nature of non-prosecution agreements.

Confession and Nature of Non-Prosecution Agreement

This section delves into the detailed aspects related to confession requirements and the nature of non-prosecution agreements.

Confession and Agreement Nature

• The confession required for non-prosecution agreements should be motivated, with subjective and objective elements preventing its granting even if all legal criteria are met.

• Situations where non-prosecution agreements are not applicable include when plea bargains can be used or for repeat offenders within five years.

Application Scenarios Pre-Law 13.964

Discusses whether non-prosecution agreements can be applied retroactively to cases before Law 13.964.

Retroactive Application Analysis

• Non-Prosecution Agreements (NPA) are considered hybrid measures that may retroactively apply if more beneficial; however, there is debate on their applicability to pre-law cases.

Sentencing and Understanding of Non-Persecution Agreement

The discussion revolves around the sentencing process and the understanding of the non-persecution agreement by Minister Alexandre de Moraes.

Key Points

• Minister Alexandre de Moraes emphasizes the necessity for a party to request the application of the agreement soon after the law's enactment.

• The possibility of offering a non-persecution agreement exists until the indictment is received, as indicated in some judgments at the Superior Court of Justice.

• It is suggested that decisions should recognize the agreement's applicability at any stage of the process, even during appeals, without restrictions on timing.

Expectations with Supreme Court Judgment

Anticipation regarding future developments following the Supreme Court's judgment on case ABESC 1859913.

Key Points

• The legal community eagerly awaits further developments post the Supreme Court's ruling on case ABESC 1859913.