THE NON-PINAL PERSECUTION AGREEMENT AND THE PRINCIPLE OF BENEFICIAL CRIMINAL RETROACTIVITY.

Abstract

Criminal Law is the one that has the greatest power to restrict the right to freedom. In practice, with the judiciary bloated in the criminal sphere to judge criminal actions, the aforementioned is crammed with demands that generally would not require a sentence restricting freedom. To alleviate this problem, with Law 13,964 of 2019, the institute of the non-criminal prosecution agreement. In this context, the present work aims to analyze until what stage of criminal prosecution it can be offered by the accusing body. As methodological procedures, an applied research was adopted, with a deductive and qualitative approach, seeking to explore the concepts concerning the subject. The scope of the work is to carry out a diagnostic research, presenting an examination of the topic at hand. It is concluded that the agreement can be offered until receipt of the complaint by the competent court, an act that marks the beginning of the criminal proceedings.