Limite temporal para o oferecimento do acordo de não persecução penal: possibilidades posteriores ao recebimento da denúncia

Abstract

The present work seeks to point out the time limit for the offer of the non-prosecution agreement with regard to proceedings initiated after the validity of Law 13.964/2019. For this, through the bibliographic review, it will be distinguished the retroaction of the agreement with the temporal framework that must be considered for the current processes, through the literal analysis of the law and the majority doctrinal understanding. In this way, when considering the receipt of the complaint as the time limit for the realization of the benefit, exceptions will be pointed out in which it will be necessary to apply the ANPP even at a later time than the identified delimiter point. Finally, after the exposition of the applicable exceptions, an analogous application will be made with the summary understanding of the Superior Court of Justice, in order to prove that the present study does not have a peaceful understanding in the Brazilian doctrine, admitting different interpretations according to the need of the existing concrete cases.