THE LOSS OF INTEREST IN ACTING IN CRIMINAL PROSECUTION FOR THE FULFILLMENT OF THE RESTORATIVE AGREEMENT
This article seeks to demonstrate that compliance with the restorative agreement leads to a loss of interest in acting in criminal prosecution due to unnecessary punishment. Initially, considerations are made about the concept of criminal action, its respective types and guiding principles, covering the sine qua non conditions for the initiation of criminal action, the concept, the moment of measurement and the respective legal repercussions. Afterwards, the concept of criminal sanction, theories and functions of punishment are discussed, in addition to making considerations about Restorative Justice (concept and specifically), about the concept of restorative agreement, specifically this, the social function of punishment and Criminal Law and demonstrated how the Brazilian petition applies the principle of social pacification in resolving conditioned and unconditioned public infractions. Finally, the legal consequence of complying with the restorative agreement is demonstrated. To do so, we use the inductive method and bibliographical, legislative and jurisprudential research.
Keywords: Criminal Persecution; Interest in Acting; Restorative Agreement; Social Function of the Penalty; Necessity of Penalty.