Análise acerca da aplicabilidade do Acordo de Não Persecução Penal (ANPP) em Crimes Pedopornográficos dispostos no Estatuto da Criança e do Adolescente

Abstract

Given the advent of the Criminal Non-Prosecution Agreement in the Brazilian legal system following the enactment of Law No. 13,964/2019, this paper presents an analysis of its suitability for child pornography crimes stipulated in Articles 241-A to 241-D of the Child and Adolescent Statute (Law No. 8,069/1990). Therefore, the study will focus on bibliographical analyses to assess whether the application of the decriminalizing instrument is sufficient to disapprove child pornography crimes. Therefore, the research initially focuses on the conceptual and historical analysis of the Non-Prosecution Agreemente, presenting the main requirements for entering into such an agreement, in addition to discriminating and detailing the child pornography offenses that would initially be eligible for application of the instrument. It then discusses the Constitutional Protection of Children and Adolescents, presenting international treaties that regulate the active fight against Child Pornography. Furthermore, it addressed the rigor of the constitutional provision addressing the sexual exploitation of children and adolescents Finally, the final section focused on analyzing the significant reprehensibility of child pornography crimes, given the significant value attributed to the protected legal interest. The conclusion was that, although the offenses are formally eligible for the ANPP, its application is insufficient to condemn and repress criminal conduct, given that the execution of the instrument contravenes the strict constitutional provisions governing the protection of children and adolescents, in addition to disregarding the high degree of reprehensibility attributed to the crimes.