ACORDO DE NÃO PERSECUÇÃO PENAL (ANPP) E A POSSIBILIDADE DE APLICAÇÃO DE FERRAMENTAS TECNOLÓGICAS

Abstract

The Non-Prosecution Agreement (ANPP), introduced into the Brazilian legal system with the Anti-Crime Package (Law No. 13,964/2019), is an important instrument of Negotiated Criminal Justice, aimed at the rapid resolution of conflicts and the reduction of incarceration. Its application has been particularly sensitive to the incorporation of new technologies, both in the operationalization and in the formulation and monitoring of the agreements. In the context of a historically slow and bureaucratic judicial system, the digitalization of procedures and the use of technological tools have contributed to the effectiveness of ANPPs. Electronic platforms enable the digital processing of agreements, promoting greater transparency, traceability and control of the established conditions. Integration with Business Intelligence (BI) and Artificial Intelligence (AI) systems already allows criminal prosecution agencies, such as Public Prosecutors' Offices, to identify patterns of recidivism and assess risks, supporting more informed decisions. Additionally, the use of videoconferencing and digital signatures has promoted greater speed and cost reduction, expanding access to ANPP, including in distant districts. However, the intensive adoption of new technologies poses ethical and legal challenges, such as the protection of personal data, the guarantee of adversarial proceedings, and the mitigation of possible algorithmic biases. The research is based on the following problem: how does the application of digital technologies influence the legitimacy of the ANPP and procedural guarantees? The hypothesis is that, although technological innovations increase the efficiency and scope of the institution, their adoption without clear criteria and adequate regulation may compromise fundamental rights and the democratic legitimacy of Negotiated Criminal Justice. The general objective is to critically analyze the effects of digitalization on the ANPP. The specific objectives include: mapping the technological resources used, examining the risks arising from their application, and proposing normative and operational guidelines that ensure compliance with constitutional principles. The research problem deals with how the application of digital technologies influences the legitimacy of the Non-Prosecution Agreement (ANPP) and procedural guarantees. The method used is deductive, with a qualitative approach. The methodology adopted is based on a literature review, normative analysis and study of institutional practices within the criminal justice system. The analysis reveals that algorithmic governance and qualified human supervision are essential conditions for technology to act as an ally of justice, without compromising individualized analysis and procedural guarantees. It is concluded that the convergence between ANPP and technology is promising, as long as it is accompanied by continuous regulation, training of legal professionals and attention to constitutional limits.