Abstract

LANGROIVA PEREIRA, Claudio José  and  GIRADE PARISE, Bruno. Security and Justice: the Non-Criminal Prosecution Agreement and its Compatibility with the Prosecuting System. Opin. jurid. [online]. 2020, vol.19, n.38, pp.115-135. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v19n38a6.

Public safety and security directly involve both legal certainty and the security of democratic institutions. Since the acknowledgement by the Brazilian Federal Supreme Court of the constitutionality of criminal investigations being carried out directly by the Public Prosecution Service, without police direction, the National Council of the Public Prosecution Service complied with the determination to regulate the matter, at institutional level, issuing the Resolution 181, of August 7, 2017. Further to the regulation of the investigation, the Resolution also provides in its article 18 the “non-criminal prosecution agreement”.

Given this scenario, the main aim of this paper is to assess the Resolution and the referred institute, taking as its premises the Brazilian Federal Constitution, the accusatorial system, the principles of legality and the legal reserve. As a specific objective, the article seeks to analyze those from the perspective of proper (criminal) legal proceedings, as well as the fundamental rights and guarantees of the citizen in the Brazilian Democratic State of Law. The issue that drives the investigation, directly anchored to the legal certainty and the security of democratic institutions, is whether by proposing an alteration of the Criminal Procedure through Resolution - with agreements made before the denunciation and with counterparts similar to the penalty - the ministerial body has conformed to the current procedural system.

The prevailing methodology of this research was a literature review, seeking to open a dialogue between contemporary authors on the subject matter.

Keywords : public safety and security; negotiated criminal justice; transitional justice; accusatory system; non-criminal prosecution agreement; Public Ministry; principle of legality; principle of obligation; opportunity principle; jurisdiction.

        · abstract in Portuguese | Spanish     · text in Portuguese     · Portuguese ( pdf )