NEGOTIATED CRIMINAL JUSTICE: A COMPARISON BETWEEN THE NON-PROSECUTION AGREEMENT IN BRAZIL AND THE ABBREVIATED TRIAL IN ARGENTINA

• DOI: https://doi.org/10.22533/at.ed.2164212404107

• Palavras-chave: Non-Prosecution Agreement; Abbreviated Trial; Negotiated Criminal Justice; Brazil; Argentina.

• Keywords: Non-Prosecution Agreement; Abbreviated Trial; Negotiated Criminal Justice; Brazil; Argentina.

• Abstract:

  This article analyzes Negotiated Criminal Justice, focusing on the Non-Prosecution Agreement (ANPP) in Brazil and the Juicio Abreviado in Argentina. With the growing demand for mechanisms that speed up the resolution of criminal conflicts and reduce the burden on the judicial system, both countries have implemented solutions that allow negotiations between the Public Prosecutor's Office and the defense, offering alternatives to the traditional criminal process. The ANPP, introduced by Law No. 13,964/2019, allows for the suspension of criminal proceedings upon fulfillment of conditions by the defendant, while the Juicio Abreviado results in the application of an agreed sentence. This study compares the roles of the agents involved, such as the Public Prosecutor's Office, the defense and the judge, as well as discussing the social and legal implications of each mechanism. In the end, the article highlights the similarities and differences between the two systems, contributing to a deeper understanding of negotiated criminal justice in South America.