Variations in the application of criminal non-prosecution agreements in Maracanaú/CE: a case study in the dosimetry of the pecuniary benefits penalty

This work examines the application of the Criminal Non-Prosecution Agreements (ANPPs) carried out in the Municipality of Maracanaú between 01/01/2022 and 12/31/2022, aiming to identify whether there is equality in the application of the monetary benefit sanction. The impact of Law no. 13,964/19, which introduced the Criminal Non-Persecution Agreement (ANPP) and allowed monetary benefits in criminal agreements, allowing discretion in negotiations, but without establishing fixed criteria for its application. The empirical research was conducted in 2022 at the criminal prosecutor’s offices in Maracanaú-CE and involved data collection and subsequent comparison and analysis. The results indicate discrepancies in the use of ANPPs between ministerial units and, in certain cases, significant differences in the values stipulated in the pecuniary benefit, raising questions about compliance with the principle of equality. A concrete dysfunctionality of negotiated criminal justice and, more broadly, of the Brazilian criminal prosecution system was revealed.

Keywords
non-criminal prosecution agreement; isonomy; Maracanaú; pecuniary benefit; empirical research