OBSERVANCE OF THE PRINCIPLE OF EQUALITY IN THE APPLICATION OF THE CONDITIONS OF THE ANPP IN BEZERROS-PE

Abstract

ABSTRACT: This study examines the application of the Non-Prosecution Agreement (ANPP) in the district of Bezerros-PE, in 2024, focusing on the observance of the principles of equality and proportionality in defining the conditions—especially pecuniary penalties—given the margin of decision of the Public Prosecutor's Office. The methodology is empirical-descriptive and analytical, using data obtained via the Citizen Information Service (SIC) of the Public Prosecutor's Office of Pernambuco (MPPE) and confirmed in the Electronic Judicial Process (PJe) of the Court of Justice of Pernambuco (TJPE), involving 53 agreements concluded during the period. The variables analyzed included criminal classification, dates of the offense and the agreement, types and values ​​of the imposed conditions, destination of the resources, as well as the status of approval and compliance. Descriptive statistical analyses and comparisons between cases of the same severity were carried out, in light of Article 28-A and Article 45 of the Penal Code, considering the limits of judicial control. The results indicate non-standardized variations in compensation amounts for similar offenses, as well as heterogeneity in the combination of conditions and the allocation of resources, without uniform objective criteria. In certain cases, a more severe response was observed for less serious offenses, suggesting risks of violations of equality and proportionality. It is concluded that the absence of normative parameters increases the autonomy of the Public Prosecutor's Office and reduces the legal certainty of the measure. As recommendations, mandatory guidelines are proposed to guide the setting of conditions—such as ranges proportional to income or the minimum wage, and to the protected legal interest—and the implementation of a best practices manual, aiming for greater uniformity. Among the limitations, the lack of individual income data of the suspects and the local focus stand out; it is recommended that similar studies be carried out in other regions.

Keywords: Non-Prosecution Agreement. Equality. Proportionality. Public Prosecutor's Office. Negotiated Criminal Justice.