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The 6th panel determined that the Public Prosecutor's Office must offer a non-prosecution agreement in a justified manner, especially in cases of drug trafficking, where the refusal cannot be based solely on the seriousness of the crime.

From the Editors

 

Friday, September 20, 2024

 

Updated at 11:28

 

The 6th panel of the STJ decided that the Public Prosecutor's Office cannot fail to offer the ANPP - non-prosecution agreement in an unjustified manner or without adequate motivation. If this occurs, the complaint may be rejected.

 

In the context of crimes such as drug trafficking, refusal to accept the ANPP cannot be based solely on the seriousness of the crime or the fact that it is considered heinous. Article 33, paragraph 4, of the drug law provides for the possibility of a reduction in the sentence for so-called privileged trafficking, which eliminates the heinous nature of the crime and reduces the minimum sentence to less than four years.

 

For the STJ, the MP, when filing the complaint, must demonstrate based on the elements of the investigation that the person under investigation does not meet the conditions for a reduced sentence or, if applicable, that the agreement is not sufficient to disapprove and prevent the crime.

 

With this understanding, the group annulled the receipt of a complaint for trafficking and determined that the case be reanalyzed by the higher body of the MP regarding the possibility of offering the ANPP.

 

privileged traffic

 

In the case in question, the accused, who was a first-time offender with no prior record, was caught with a small amount of drugs.

 

The MP, claiming that drug trafficking is a heinous crime, did not offer a non-prosecution agreement.

 

The defense requested that the case be referred to the Attorney General's Office, in accordance with article 28-A, paragraph 14, of the CPP, arguing that the defendant would be entitled to the application of privileged trafficking.

 

Although the judge denied the transfer of the case, the Public Prosecutor's Office itself, at the end of the hearing, recognized the need to apply the cause for sentence reduction, confirming the defense's argument.

 

The MPs unjustified refusal to offer ANPP is illegal and authorizes the rejection of the complaint. (Image: Reproduction/AMPCON)

Mandatory provision of the ANPP

 

According to Justice Cruz, the rapporteur of the case at the STJ, the Public Prosecutors Office cannot fail to apply negotiation mechanisms provided for by law, except in exceptional cases, such as racial crimes. The abstract gravity of the crime or its heinous nature are not valid reasons to refuse the ANPP, as this would create new restrictions that are not provided for by law.

 

The minister highlighted that the ANPP is a form of negotiated criminal justice, similar to a plea bargain and conditional suspension of proceedings. It offers benefits to both the State and the person under investigation, by anticipating a certain punishment in exchange for the defendant's waiving the right to a possible acquittal, thus avoiding the wear and tear of the process.

 

Subsidiary nature

 

Sch emphasized that the unjustified refusal of the Public Prosecutor's Office to the ANPP should result in the dismissal of the complaint, since there would be no interest in taking action for criminal proceedings. Furthermore, the principle of minimum intervention requires that criminal proceedings be the last measure to be adopted, and a more lenient consensual solution should be attempted first.

 

The rapporteur also mentioned the phenomenon of overcharging in the United States and its opposite practice in Brazil, where excessive prosecution prevents the conclusion of a non-prosecution agreement. This results in the unnecessary use of the judicial apparatus, since, in the end, consensual mechanisms can be applied, as established by Summary 337 of the STJ.

 

 link: https://www.migalhas.com.br/quentes/415681/stj-rejeita-denuncia-apos-recusa-injustificada-do-mp-em-oferecer-anpp