THE TRIVIALIZATION OF PRETRIAL DETENTION AND THE WEAKENING OF ITS REQUIREMENT IN CONTEMPORARY FORENSIC LEGAL PRACTICE

A CRITICAL ANALYSIS OF THE IMPLICATIONS FOR THE BRAZILIAN CRIMINAL JUSTICE SYSTEM

Abstract

ABSTRACT: This undergraduate thesis critically analyzes the Non-Prosecution Agreement (ANPP) as a mechanism for controlling criminal recidivism and reducing prison overcrowding in Brazil. Established by Law No. 13.964/2019 (Anti-Crime Package) and provided for in Article 28-A of the Code of Criminal Procedure, the ANPP reflects the contemporary trend of consensual criminal justice, seeking to rationalize criminal prosecution and reduce unnecessary incarceration. The central problem of this study is to verify to what extent the ANPP contributes to controlling recidivism and mitigating overcrowding, considering its constitutional and procedural limitations. It hypothesizes that the institution, when applied judiciously and in accordance with constitutional principles, contributes significantly to these purposes, although its effectiveness is limited by the requirement of formal confession and by practical gaps in its application. The justification is based on the social and legal relevance of the topic in light of the crisis in the Brazilian prison system and the need for more humane and efficient penal policies. The research, qualitative, descriptive, and documentary in nature, uses the hypothetical-deductive method, based on bibliographic, legislative, and jurisprudential analysis of the Supreme Federal Court and the Superior Court of Justice. The structure develops in three topics with their respective secondary and tertiary sections. The first addresses the historical evolution of the penitentiary system and the conceptualization of the Non-Prosecution Agreement (ANPP); the second discusses factors of recidivism, prison overcrowding, and the possible unconstitutionality of the confession requirement; and the third examines the ANPP as an instrument for containing the policy of mass incarceration. The results indicate that the ANPP has contributed to reducing the judicial overload and the number of first-time offenders in the prison system, preventing recidivism, although it presents constitutional and operational limitations. It is concluded that the institute represents a significant advance for the modernization and humanization of the Brazilian penal system, provided it is articulated with public policies of social reintegration, professional training, and psychosocial support, consolidating a criminal justice system based on proportionality, efficiency, and the dignity of the human person.

Keywords: Non-Prosecution Agreement; Criminal Recidivism; Prison Overcrowding.