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Monografia Acesso aberto O acordo de não persecução penal e sua aplicação a processos em curso(2020) Farias, Renan FigueredoThe present work, based on bibliographic and documentary research, aims to study the noncriminal prosecution agreement as an instrument of consensual justice, seeking, in the end, to debate the possibility or not of its application to processes that were already underway when entered into force. The agreement is an alternative method for resolving criminal conflict where the Public Prosecutor, the holder of the public criminal action, stops offering the complaint about less serious crimes if the legal requirements are met and the terms are accepted by the defendant. It should be noted that the legislator used terms that highlight the institute as an alternative to criminal action, so if signed, this will not have a start. At this point, a question arises, does such an agreement fit for criminal proceedings in progress on the date of its entry into force? The answer to such questioning is divergent between doctrine and jurisprudence, in view of this, the matter was affected by Minister Gilmar Mendes in the judgment of a Habeas Corpus on 09/22/2020, and a decision that generated a precedent has not occurred until the present date. However, regarding the questioning of retroactivity in order to reach ongoing cases, it is understood by the majority that the non-criminal prosecution agreement, by creating a cause for the extinction of punishment, obtained the hybrid nature of procedural and penal rules, and should therefore be retracted in favor of the defendant. In another way, the biggest debate that finds different understandings is in how far the agreement can be applied. Concerning the above, it agrees with the understanding of the sixth class of the Superior Court of Justice, which argues that it is possible to apply to the institute until the lawsuit is final.