O acordo de não persecução penal e o poder-dever do Ministério Público.

Abstract

The present monographic work has as its theme the non-prosecution agreement, and its main focus is to evaluate its constitutionality and efficiency, from the perspective of the principles of obligation and mitigated discretion. Due to the recent positivization of the institute, in order to achieve this objective, the present work was developed from books, periodicals, monographs, legislation, videos, jurisprudential analysis and doctrinal, and other bibliographic sources, therefore, the deductive method and the bibliographic research technique were used to carry out the research. Given the doctrinal differences on the subject with regard to the power-duty of the Public Prosecutor's Office and the degree of discretion it may have, there is a constant understanding aimed at removing the non-prosecution agreement as a subjective right of the investigated by the mere formal fulfillment of the requisite requirements for the offering of the complaint; however, it should not be treated as a mere faculty which may be exercised by the accusing body. Ultimately, it was concluded that the ANPP should be treated as a resource of the Public Prosecutor's Office that can be offered upon the fulfillment of the requirements, however, the refusal should be properly motivated, in order to ensure the impartiality of the accuser.