Banca de DEFESA: JOSÉ LUCIANO DA SILVA CRUZ

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : JOSÉ LUCIANO DA SILVA CRUZ
DATE: 24/07/2025
TIME: 20:00
LOCAL: Ambiente Virtual (meet.google.com/uoa-icaa-chc)
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: 134
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The dissertation, from a guarantor perspective, aims to evaluate whether the non-prosecution agreement (ANPP), provided for in art. 28-A of the CPP, brings together constitutional legitimacy, preventive-restorative sufficiency and operational parameters appropriate to 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 a doctrinal gap on criminal consensuality in traffic offenses, the study proposes a criminal policy capable of reconciling 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 of the guarantor literature, documentary examination of the Constitution, CPP, CTB and Resolution 181/2017-CNMP, in addition to empirical jurisprudential analysis of 28 decisions from Rio Grande do Norte (TJRN) issued between 2022-2024, concentrated in the districts of Natal, Mossoró and Caicó, in order to assess decision-making standards related to the offer and approval of the ANPP. The findings show a uniform procedure for strict verification of the requirements of art. 28-A of the CPP, deference to ministerial negotiating autonomy and adoption of reparation clauses focused on traffic education; it was found a reduction in the average time of prosecution, an increase in immediate reparation to victims, no specific recidivism in the monitored cases and consolidation of the agreement as an antidote to unnecessary incarceration, without compromising collective protection. It is concluded that the judicious application of the ANPP to traffic offenses in kind harmonizes the prevalence of life with the safeguarding of the fundamental rights of the investigated, materializing proportionality, due process and administrative efficiency (art. 37, caput); the institute is projected as a paradigm of negotiated criminal justice capable of reinforcing social trust, reducing state costs and relieving the prison system of the country that is experiencing the state of unconstitutional affairs. It is therefore recommended the national adoption of objective protocols of sufficiency-necessity, the strengthening of the judge of guarantees as a control body and the incorporation of the clauses of the agreement into situational prevention programs, consolidating a restorative, rational and democratic criminal policy.

COMMITTEE MEMBERS:
Externo à Instituição - DOUGLAS DE MELO MARTINS
Interno - 1149575 - IVAN LIRA DE CARVALHO
Presidente - 1149384 - WALTER NUNES DA SILVA JUNIOR