ACORDO DE NÃO PERSECUÇÃO CIVIL E SUA EFICÁCIA COMO INSTRUMENTO DE SOLUÇÃO CONSENSUAL DE LITÍGIOS: UMA ANÁLISE NO ÂMBITO DA COMARCA DE TRÊS LAGOAS/MS

Abstract

This study examines the compatibility between the principle of the non-disposability of public interest and the use of consensual instruments within Public Administration, focusing on the Civil Non-Prosecution Agreement (ANPC) provided in the Administrative Improbity Law (LIA). The research is based on the premise that consensuality in public administration matters was, for a long time, rejected under the argument of the non-disposability of public interest. This study was constructed through documentary and bibliographic research, encompassing legislative, doctrinal, and jurisprudential developments which, over recent years, have enabled debates on the potential adoption of consensual instruments by public administration without undermining the constitutional principle of public interest. In 2021, these discussions culminated in the formal inclusion of the ANPC as a legal instrument within Brazilian law. An analysis was also conducted using data provided by the 7th Public Prosecutor’s Office of Três Lagoas from the Public Ministry of the State of Mato Grosso do Sul, aiming to understand the practical application of the ANPC. Based on both theoretical and practical data analyzed through the inductive method, the study concludes that the ANPC has proven to be a viable and effective alternative for satisfying public interest by swiftly addressing issues involving administrative improbity. It was further concluded that the ANPC is not only a successful measure but that the progress in Brazilian law concerning the possibility of alternative and consensual solutions to litigation is, in general, an effective response to the contemporary demands and challenges of the Brazilian justice system.