Banca de QUALIFICAÇÃO: JOSÉ LUCIANO DA SILVA CRUZ

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSÉ LUCIANO DA SILVA CRUZ
DATE: 27/06/2025
TIME: 08:00
LOCAL: Ambiente virtual
TITLE:

NON-PROSECUTION AGREEMENT FOR TRAFFIC CRIMES: CONSTITUTIONAL ANALYSIS, DOGMATIC LIMITS AND CRITERIA OF APPLICABILITY IN LIGHT OF THE PROTECTION OF LIFE AND THE GUARANTEE OF CRIMINAL JUSTICE

KEY WORDS:

Non-prosecution agreement. Traffic crimes. Garantism. Restorative justice.

PAGES: 128
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dissertation, from a guarantor perspective, aims to demonstrate that the non-prosecution agreement (ANPP), provided for in art. 28-A of the CPP, brings together constitutional legitimacy, preventive-restorative sufficiency and adequate operational parameters to disapprove, repair and prevent the crimes provided for in arts. 302, 303, 306 and 308 of the Brazilian Traffic Code, offering the Public Prosecutor's Office and the Judiciary a dogmatic-empirical guide to calibrate the need and sufficiency of the consensual route in each specific case. The relevance arises from the need to disseminate and apply the ANPP to traffic crimes as an efficient response to the slowness of the procedural process and the traditional selective repressive model and the risk of symbolic hyper-incarceration; By filling the doctrinal gap on criminal consensuality in traffic violations, the study proposes a criminal policy capable of reconciling the priority protection of life, harm reduction and rational containment of the ius puniendi. Methodologically, applied research with a qualitative approach and deductive reasoning was adopted, supported by a bibliographic review on guarantees, documentary examination of the Constitution, the CPP, the CTB and Resolution 181/2017-CNMP, in addition to an empirical jurisprudential analysis of 28 decisions of the TJRN of Rio Grande do Norte (TJRN) issued between 2022-2024, concentrated in the districts of Natal, Mossoró and Caicó, in order to evaluate decision-making patterns related to the offering and approval of the ANPP. The findings demonstrate a uniform procedure for rigorous verification of the requirements of art. 28-A of the CPP, deference to ministerial negotiating autonomy and adoption of reparatory clauses focused on traffic education; It was found that the average time of criminal prosecution was reduced, that immediate reparations to victims were increased, that specific recidivism was absent in the monitored cases and that the agreement was consolidated as an antidote to unnecessary incarceration, without compromising collective protection. It is concluded that the judicious application of the ANPP harmonizes the prevalence of life with the safeguarding of the fundamental rights of the person under investigation, materializing proportionality, due process and administrative efficiency (art. 37, caput); the institute projects itself as a paradigm of negotiated criminal justice capable of strengthening social trust, reducing state costs and relieving the country's prison system, which is experiencing an unconstitutional situation. Therefore, it is recommended that objective sufficiency-need protocols be adopted nationwide, that the judge of guarantees be strengthened as a control body and that the clauses of the agreement be incorporated into situational prevention programs, consolidating a restorative, rational and democratic criminal policy.

COMMITTEE MEMBERS:
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESEG
Interno - 1675264 - RICARDO TINOCO DE GOES
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR