The applicability of the non-prosecution agreement in privileged drug trafficking crimes: a jurisprudential analysis of the decisions of the Rio Grande do Sul Court of Justice

Authors

DOI:

https://doi.org/10.18616/rdsd.v10i2.9073

Keywords:

Human Rights, non-prosecution agreement, consensual justice, privileged drug trafficking

Abstract

This study deals with the Non-Prosecution Agreement and the position of the Rio Grande do Sul Court of Justice in cases where the Public Prosecutor's Office does not apply the institute to privileged drug trafficking crimes. Through a deductive analysis, with a bibliographic survey, it was understood that the Public Power does not interfere in decisions, considering the discretion granted to the Institution by the Code of Criminal Procedure.

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Author Biographies

Karoline Schoroeder Soares, Universidade Federal do Rio Grande

Master's student in Law and Social Justice at the Federal University of Rio Grande (FURG). Postgraduate student in Public Law at Faculdade Legale. Bachelor of Laws from the Federal University of Rio Grande (FURG).

Hector Cury Soares, Federal University of Rio Grande (FURG)

PhD in Public Law from the Federal University of Rio Grande do Sul (UFRGS - 2010/ 2014) with a sandwich doctorate at the Faculty of Law of the University of Coimbra (UC-Portugal). Master's in Public Law from the University of Vale do Rio dos Sinos (UNISINOS - 2008/2010). Bachelor of Laws from the Federal University of Pelotas (UFPel - 2002/ 2007). He holds the position of Associate Professor I of Labor Law and Labor Procedure at the Federal University of Rio Grande (FURG), where he works on the Undergraduate Law Course and the Master's Degree in Law and Social Justice. He is the coordinator of the action-research project “Citizenship, Rights and Justice”, in which he maintains a line of research dealing with “Law and Critical Theories”. His areas of interest are: precarious labor relations in Brazil, critical theories of law and Marxism and law.

Published

2024-12-16

How to Cite

SCHOROEDER SOARES, Karoline; CURY SOARES, Hector. The applicability of the non-prosecution agreement in privileged drug trafficking crimes: a jurisprudential analysis of the decisions of the Rio Grande do Sul Court of Justice. Revista Desenvolvimento Socioeconômico em Debate, [S. l.], v. 10, n. 2, p. 228–244, 2024. DOI: 10.18616/rdsd.v10i2.9073. Disponível em: https://periodicos.unesc.net/ojs/index.php/RDSD/article/view/9073. Acesso em: 17 jun. 2026.