DA TRANSAÇÃO COMO ÓBICE AO ACORDO DE NÃO PERSECUÇÃO PENAL CONSIDERAÇÕES DE DIREITO INTERTEMPORAL

Abstract

This article aims to analyze, from the point of view of intertemporal law, the legislative choice of the criminal transaction as a legal prohibition on the offer of the Criminal Non-Prosecution Agreement to the investigated. It is necessary to know if the transaction acceptance before the Law that created the Agreement may or not prevent this. Starting from a normative-deductive method, in the first place we approach the constitutional contours given to the so-called hybrid rules, that is, those rules that have, simultaneously, procedural and material content. In this way, we explain the incidence of the criminal and criminal procedural principles related to intertemporal law and their possible combination in the case of hybrid rules that have a content materially favorable to the accused. Subsequently, it is emphasized the importance, as a corollary of procedural fairness, a kind of predictability regarding the interpretative method when applying the criminal law, emphasizing that its non-observance undeniably leads to a strengthening of legal uncertainty. For all, the conclusion is that the transaction is an obstacle to the Agreement, and it is a worst rule, that can not retroact to the cases occurred before the Law that instituted the Criminal Non-Prosecution Agreement.