Viabilidade – ou não – da intervenção do Ministério Público (MP) na apresentação de acordo de não persecução penal (ANPP) em contexto de ação penal privada

Abstract

This article analyzed the controversy over the possibility of the Public Prosecutor's Office (PPO) proposing a Non-Prosecution Agreement (NPA) in the context of private criminal proceedings. Initially, the title of the criminal action was discussed, distinguishing between public and private proceedings, in light of the Brazilian accusatory system. Then, the role of the NPA, introduced by Law No. 13,964/2019, as an instrument of Negotiated Criminal Justice and its limits in criminal proceedings was investigated. The research critically examined the decision of the Superior Tribunal de Justiça (STJ) in REsp 2.083.823/DF, which admitted the supplementary role of the PPO in proposing an agreement in private criminal proceedings, based on the public interest, the efficiency of justice and the promotion of procedural equality. The methodology used was based on legislative, doctrinal and jurisprudential analysis. It was concluded that, although the decision seeks to enforce constitutional principles, it undermines fundamental guarantees of Due Process of Law and the autonomy of the complainant, requiring a restricted and exceptional application of the measure.