O ACORDO DE NÃO PERSECUÇÃO PENAL E SUA APLICABILIDADE NOS CRIMES AMBIENTAIS

Abstract

This scientific article seeks to analyze the applicability of the Non-Prosecution Agreement (ANPP), which is a decriminalizing institute brought in by the Anti-Crime Package created in Law 13.964, of December 24, 2019. In this article, we have chosen to address the Non-Prosecution Agreement applicable to environmental crimes. The problem will be to analyze the feasibility of applying the Non-Prosecution Agreement in environmental crimes, considering their nature of damage to the environment. The general objective is to understand the challenges of applying the NPA in environmental crimes. The specific objectives are to investigate whether the agreement is applicable to environmental crimes that do not involve violence or serious threats, as well as to evaluate the combination between the economic condition of the offenders and the terms that are generally proposed, identifying possible disparities and impacts. And finally, to evaluate the combination between the economic condition of the offenders and the terms that are generally proposed in ANPPs in environmental crime cases, identifying possible disparities and impacts on the fairness of the accountability process. The inductive method was used, based on theoretical foundations found in bibliographic research, such as public documents, books, scientific articles, case law and internet data.