During a session of the Supreme Federal Court (STF) Plenary on September 18, in the judgment of Habeas Corpus 185.913/DF, it was decided that the Non-Prosecution Agreement (ANPP) can be applied even in criminal cases initiated before the enactment of Law 13.964/2019, as long as they have not reached a final judgment.
Justice Gilmar Mendes highlighted that the retroactive nature of the ANPP is penal and, therefore, should benefit the defendant.
He also explained that, in cases where the ANPP is applicable, the Public Prosecutor’s Office must assess its feasibility, even during the appeal stage. This analysis can be requested by the defendant, the judge, or the prosecutor.
This STF decision confirms a trend among the Higher Courts to expand the use of agreements like the ANPP. A similar understanding had already been adopted by the STF’s 2nd Chamber in the judgment of Habeas Corpus 202.249/SP, under the rapporteurship of Justice Edson Fachin. In that case, it was decided that the ANPP can be applied even when there is a conviction, as long as the criminal case was ongoing during the enactment of Law 13.964/2019.
The expansion of the ANPP could bring several benefits to the justice system, such as faster and more efficient damage reparations. Projections from the Federal Public Prosecutor’s Office suggest that around 1.7 million cases may be impacted by this decision, with the possibility of proposing the ANPP in many of them.
The ANPP applies to crimes without violence or serious threats, with a minimum sentence of less than four years. This is particularly relevant for property crimes, such as fraud and theft, where victimized companies can be financially compensated, as damage reparation is a mandatory condition for the agreement.
If you need more information or have any questions, our White Collar team is available to assist.
