Aplicabilidade do ANPP no tráfico privilegiado: desafios e perspectivas.

Abstract

This study analyzes the nuances of the innovations brought by the anti-crime package to consensual justice and the rapid and effective resolution of conflicts. With the implementation of the Non-Prosecution Agreement, there was progress in the attempt to make criminal repression effective through restrictions on rights and compensation for damages, in addition to other prerogatives to be agreed directly with the Public Prosecutor's Office. The anti-crime package also innovated by disregarding the typical heinousness of the crime of drug trafficking to privileged trafficking provided for in §4 of article 33 of Law 11.343/06. From this, case law began to question the possibility of applying the ANPP to cases of privileged trafficking due to the complexity of the crime of trafficking and its contribution to organized crime, in addition to its particularities in criminality. However, the majority of case law now understands that there is a possibility of application since it would greatly contribute to the resocialization and integration of first-time offenders into society. To this end, the study was based on doctrines, articles, legislation and mainly on the updated case law analysis to understand the implications of the application of the ANPP to privileged trafficking in practice. Thus, the advancement of consensual justice in the country, the nuances of the application of the non-prosecution agreement and the removal of the heinous nature of the crime of privileged trafficking were analyzed. Subsequently, from a social perspective, the application of the ANPP to the crime of privileged trafficking was understood as a contribution to combating overcrowding in the judiciary and more humane punishment of the accused.