Acesso à justiça e prestação jurisdicional na Comarca de Araguatins: a implementação do acordo de não persecução penal como instrumento de acesso à justiça na Comarca de Araguatins e na entrega da tutela jurisdicional

Abstract

This report discusses access to justice and the delivery of judicial protection in the Judicial District of Araguatins, focusing on the implementation of the Non-Prosecution Agreement (ANPP) as an instrument of access to justice in the district of Araguatins, State of Tocantins, between June 2022 and May 2024, and its role in the delivery of jurisdictional relief. The research was conducted based on the collection and analysis of data from the 1st Public Prosecutor’s Office, considering the number of agreements executed, the profile of the offenders, victim participation, agreed-upon clauses, monetary payment amounts, and the procedural stage at which the agreements were concluded. Given this context, the report was organized with the purpose of finding evidence to answer the guiding research question: How has the implementation of the Non-Prosecution Agreement in the district of Araguatins by the Public Prosecutor’s Office contributed to the prompt resolution of criminal cases? To address this question, the general objective was to propose to the Public Prosecutor’s Office of the State of Tocantins, through its Superior Council, the adoption of an official statement defining the final procedural stage at which members may enter into a Non-Prosecution Agreement. The specific objectives were to: a) assess the possibility of entering into a Non-Prosecution Agreement in criminal cases already finalized by res judicata; b) analyze whether the victim effectively participates in choosing the conditions set out in the agreements in the district of Araguatins; c) observe the personal conditions of the offender, in both their positive and negative aspects, as reflected in the agreements; and d) evaluate the results achieved with the implementation of the Non-Prosecution Agreement in the district of Araguatins/TO between June 2022 and May 2024. The results demonstrated significant adherence to the ANPP, with a notable increase between the first and second years of application, which contributed to reducing the number of criminal actions filed and to expediting judicial proceedings. It was observed that most agreements included either monetary payment or community service, with amounts tailored to the offender’s socioeconomic condition. Victim participation was found to be minimal, occurring mainly in cases involving individuals as victims. The analysis highlighted the importance of considering both negative and positive personal circumstances of the offender when formulating the proposal, reinforcing the need for objective criteria and institutional guidelines to standardize prosecutorial conduct. It is concluded that the ANPP is an effective instrument of criminal policy, capable of promoting restitution to the victim, reducing the burden on the Judiciary, and strengthening consensual justice.