Os aspectos intertemporais do acordo de não persecução penal: uma análise sobre os possíveis momentos de retroação do instituto

Abstract

The law nº 13.964/2019, also known as the "Anti-Crime Law," was responsible for the codification of the non-prosecution agreement in the Brazilian legal system, expanding the range of alternative solutions in criminal proceedings. The introduction of this new instrument sparked numerous jurisprudential and doctrinal debates, particularly regarding the intertemporal aspects of the procedural legal relationship. In light of these discussions, an examination was conducted regarding the impact of the Non-Prosecution Agreement on legal relationships predating the enactment of the "Anti-Crime Package." The possibility of its retrospective application, even after the initiation of criminal proceedings, was raised. To analyze this, attention was given to the legal nature of article 28-A of the Criminal Procedure Code, the principles governing the application of criminal and procedural laws over time, and, ultimately, the potential limitations on the retroactivity of the agreement. In conclusion, the aim was to reach a retroactive framework that aligns with the constitutional and infraconstitutional provisions found in the national legislation.