A participação da vítima no acordo de não persecução penal : direitos, desafios e impactos na justiça penal.

Abstract

This monograph has as its theme the victim's participation in the Non-Prosecution Agreement (ANPP), introduced into Brazilian criminal procedure by Law No. 13.964/2019. The research problem consists of understanding to what extent the Non-Prosecution Agreement, as regulated and applied in the Brazilian legal system, promotes the effective participation of the victim in the construction of the agreement, in line with the principles of restorative justice and the principle of human dignity? The general objective is to legally analyze the position granted to the victim under the ANPP. The specific objectives are: (i) to historically contextualize the emergence of negotiated criminal justice and the ANPP in Brazil; (ii) to examine the legal principles and requirements that guide the institute; (iii) to identify the main practical and normative challenges related to victim participation and to reflect on the impacts of such participation on the effectiveness of restorative justice. Regarding the methodology used in this research, it is a bibliographic investigation. The approach method adopted was deductive. As for the procedural method, a historical-critical approach was used, aiming to contextualize the subject matter within its temporal framework. The research technique involved indirect documentation – consulting primary and secondary bibliographic sources. The study ultimately aims to determine whether the ANPP, as regulated and applied, effectively contributes to strengthening a more democratic, restorative, and dignity-oriented criminal justice system.