STF Allows The Retroactive Application Of The ANPP In Criminal Cases Without A Final Judgment

In cases where the Non-Prosecution Agreement (ANPP) is applicable, the Public Prosecutor's Office must assess this possibility, even during the appeal stage

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.