Pacto À Fórceps: a instituição do acordo de não persecução penal por meio de ato normativo infralegal (Resolução nº 181/2017 do CNMP)

Abstract

This research refers to the institute of the non-prosecution agreement, normative innovation introduced by CNMP Resolution nº 181/2017, and the analysis of its (in)constitucionality. This is a study aimed at verifying the necessity of law in the strict sense for the introduction of mechanisms of criminal consensualism in civil law legal systems, as is the case of Brazil. Therefore, the study considers the dromological phenomenon. The demand for abbreviation of criminal proceedings; the Brazilian criminal justice model; and the pre-existence of similar experiences in parallel legal contexts. Finally, we make preliminar impressions (or preambular inaccuracies) about the institute, going through the concept of justice, in order to proceed with the appraisal of the regulatory provisions of the agreement and the content of the two unconstitutional court proceedings that it has already challenged.