Banca de QUALIFICAÇÃO: GUSTAVO HENRIQUE DE ARAUJO OLIVEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : GUSTAVO HENRIQUE DE ARAUJO OLIVEIRA
DATE: 03/06/2024
TIME: 17:30
LOCAL: Ambiente virtual - https://meet.google.com/cqv-deia-ojt
TITLE:

THE CONSTITUTIONAL EFFECTIVENESS OF THE CRIMINAL NON-PROSECUTION AGREEMENT: ANALYSIS OF THE (NON)RETROACTIVITY OF THE NEGOTIABLE INSTITUTE

KEY WORDS:

criminal proceedings; non-criminal prosecution agreement; retroactivity.

PAGES: 95
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Penal
SUMMARY:

The non-criminal prosecution agreement – ANPP expanded the application of negotiated criminal justice in Brazil. From insertion of yours in the art. 28-A of Code of Criminal Procedure, discussions about the application of the institute were converted into jurisprudential divergences, especially regarding the retroactive application of the institute at Superior Tribunal de Justiça – STJ and Supremo Tribunal Federal – STF. The main objective of the research was to assess whether the ANPP should be applied to cases in progress at the time the new law prevails. To guide the research, four specific objectives were also chosen, are they, delimit the constitutional interpretation of the ANPP, describe the retroactivity regime for the norms provided for in the Constitution, analyze the concepts of perfect legal act, subjective law and the immediate application of norms and analyze STJ and STF judgments on the retroactive application of the ANPP. Aiming at the objectives presented, a bibliographical review and case study were carried out using the hypothetical-deductive method. Along these lines, it was identified that the Brazilian criminal process has its own rules for negotiated criminal justice, based on art. 98, I, of Constitution. In the field of retroactivity of mixed criminal procedural rules, that is, that contains material and procedural content, the STF's interpretation was identified by retroactivity, in concentrated control of constitutionality, following art. 5º, XL, of Constitution. The interpretation is congruent, in comparative analysis, with the understanding of the Italian Constitutional Court. However, the interpretation of the retroactivity of the ANPP was the subject of jurisprudential divergences in the STJ and the STF, that differ from the previous understanding. In terms of final considerations, the research concludes that jurisprudential divergences, which point to a change in understanding about the retroactivity of mixed criminal procedural norms, derive from the interpretation of the ANPP outside the constitutional parameter in the material and procedural aspect.

COMMITTEE MEMBERS:
Interna - 1693362 - ANA BEATRIZ FERREIRA REBELLO PRESGRAVE
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR