APLICABILIDADE DO ACORDO DE NÃO PERSECUÇÃO PENAL EM CASOS DE TRÁFICO PRIVILEGIADO: LIMITES E PERSPECTIVAS JURÍDICAS

Abstract

This article addresses the applicability of the Non-Prosecution Agreement (ANPP) in privileged trafficking cases (art. 33, §4, Act No. 11,343/2006), considering its limitations and legal perspectives on the topic. The relevance stems from the introduction of the institute through the Anticrime Package and its potential to streamline criminal prosecution and reduce incarceration in drug offenses, subject to legal eligibility guidelines and the institutional role of the Public Prosecutor's Office. The research methodology was based on the deductive method, utilizing bibliographical research and analysis of scientific articles, works, and periodicals (news and magazines) on the topic, complemented by an examination of the case law of the Superior Courts in cases under discussion. Finally, the conclusion is that the Non-Prosecution Agreement can be applied to privileged trafficking, provided that the legal requirements and conditions for the specific case are met. The offer, however, remains subject to evaluation by the Public Prosecutor's Office, in light of its functional autonomy.