A RETROATIVIDADE DO ACORDO DE NÃO PERSECUÇÃO PENAL E O TRÂNSITO EM JULGADO COMO MARCO TEMPORAL FIRMADO PELO SUPREMO TRIBUNAL FEDERAL À LUZ DO PRINCÍPIO DA RETROATIVIDADE DA LEI PENAL MAIS BENÉFICA

Abstract

The article focuses on analysing the application of the retroactivity of beneficial criminal law to cases prior to the enactment of Law 13.964/2019, which provides for the Non-Prosecution Agreement (ANPP). The ANPP emerged as an alternative to criminal prosecution, being an agreement signed between the investigated person and the Public Prosecutor's Office. Once the agreement is accepted and complied with, punishability is extinguished and the investigated person remains primary for all legal purposes. Despite the clear benefit for the investigated, several lawsuits have arisen questioning the non-offering of the agreement, on the grounds that the ANPP would only be applied to cases in which charges had not yet been filed. As a result, the Federal Supreme Court adopted two main positions: firstly, that the ANPP would only be applicable until charges had been filed, and secondly, that the institute could be applied until the final judgment had been handed down. Faced with this controversy, the question is whether these interpretations are in line with the constitutional principle of beneficial criminal retroactivity, contained in article 5, item XL, of the Federal Constitution, and whether the final judgment can be a delimiter for the application of the institute.