Expansão da justiça criminal consensual: uma análise do acordo de não persecução penal instituído por resolução do CNMP e a sua aplicabilidade aos crimes contra a ordem tributária no âmbito do Estado do Espírito Santo

Abstract

Due to the existence of what is conventionally called the crisis of the Brazilian criminal justice system, space was opened for the expansion of a new model for solving criminal cases, model based on consensus, which seeks above all to provide an efficient, adequate and swift to criminal proceedings. In this line, the present work approaches consensual justice as an instrument of effectiveness of the criminal process, presenting the principles that guide it, the controversies and existing criticisms, the influence of foreign experiences for its realization in Brazil and the positive mechanisms in the Brazilian legal order . In addition, this monograph studies the non-criminal prosecution agreement, which appears as a new consensus mechanism in the criminal sphere, instituted by Resolution No. 181/17 of the CNMP, with wording amended by Resolution No. 183/18, which may be proposed by the Public Ministry to the investigated, in the presence of a technical defense, when the requirements listed in the regulatory act are present, implying that the complaint is not offered. In the development of this work, the criminal investigative legitimacy of the Parquet that underlies the institute alluded to elsewhere, the conclusion of the agreement, the effects of compliance and non-compliance with the stipulated conditions, the situations in which the agreement is not applicable and the differences of this agreement are analyzed for plea bargaining, the American criminal settlement. In addition, this monograph goes through the arguments outlined about the constitutionality of the non-criminal prosecution agreement, analyzing the Direct Unconstitutionality Actions in process at the STF. In addition to these considerations, the possibility of signing the agreement in crimes against the tax order, provided for in Law No. 8,137 / 90, and its application in the State of Espírito Santo, with a detailed examination of Resolutions No. 009/18 and 002/19 edited by COPJ of MPES. For this purpose, the methodology adopted in this research was based on bibliographic research