Banca de DEFESA: GUSTAVO HENRIQUE DE ARAUJO OLIVEIRA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : GUSTAVO HENRIQUE DE ARAUJO OLIVEIRA
DATE: 27/06/2024
TIME: 18:30
LOCAL: Ambiente virtual: https://meet.google.com/mue-hbqu-xcw
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, predicted in the art. 28-A of Code
of Criminal Procedure, expanded the application of negotiated criminal justice in
Brazil. The discussions about the application of the institute were converted into
jurisprudential divergences at Superior Tribunal de Justiça and Supremo Tribunal
Federal, especially regarding the retroactive application of the institute. The research
had as its main objective check whether ANPP should be applied to process in
progress at the time the new law prevails. The main objective was divided into for
specific objectives: 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 adopted a bibliographical review and case study
were carried out using the hypothetical-deductive method. Along these lines, the
research 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 binding interpretation was identified by retroactivity, in
concentrated control of constitutionality, according to art. 5o, XL, of Constitution. The
interpretation is congruent, in comparative analysis, with the understanding of the
Italian Constitutional Court, when he judged a similar institute. 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:
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR