A inaplicabilidade do acordo de não persecução penal na infração penal de redução a condição análoga à de escravo

Abstract

The adoption of consensual criminal justice instruments in Brazil, such as the Non-Prosecution Agreement (ANPP), introduced by Law No. 13,964/2019 (Anti-Crime Package), reflects a paradigmatic shift in the traditional criminal procedural model, guided by criteria of efficiency, dejudicialization, and consensus. This is a normative advancement that aims to safeguard state resources for addressing more complex crimes, while offering a swift, less costly, and restorative solution for less serious offenses. The legal requirements of the ANPP, set forth in art. 28-A of the Code of Criminal Procedure, are cumulative and require, among other aspects, the absence of violence or serious threat. Therefore, it is imperative to problematize the legal and institutional foundations that have guided the Federal Public Prosecutor's Office in proposing ANPPs in cases involving art. 149 of the Penal Code. This practice contradicts the principles of human dignity, proportionality, and the maximum effectiveness of fundamental rights. Therefore, this paper critically analyzes the compatibility between the application of the ANPP and the offense that seriously violates human rights: reduction to a condition analogous to slavery.