Acordo de Não Persecução Civil. Primazia do Consenso na Improbidade Administrativa. Segurança Jurídica e Transversalidade

Abstract

The Evolution of Procedural Law requires from all actors of the Justice System the modernized view about the Primacy of Consensus Acts in Brazilian Law in general and, especiallly, in Sanction Law, instituing elements of legal certainty and of transversality. It is inconceivable that the offer of na accusatory piece or even a punitive claim of a judicial and political or administrative nature does not have any attemp at a consensual solution to the conflict. New concepts about the unavailability of the public interest, especially regarding the authorization for previously unavailable rights to be fully tradable or, finally, abstract dogmas of convenience and opportunity for agents managing persecutory procedures have undergone a Revolution that demands regulated action on the importance of solution best suited to the specif case. To frustrate the adequate solution is to prevent and delay the pacification and the prompt solucion of controversies, depriving generations of the regular enjoyment of goods and resources that should be used in ther favor. Prompt compensation for damages, as well as the adequacy of the conduct of na agente or third parties who may be involved in acts of improbity are factoes that, in plan, should encourage conciliatory action. The demanding view that becomes na exaggerated litigation, as well as na undue culture of the sentence are harming the entire Brazilian Legal Order, leading to the failure of the most relevant causes that are submerged in other debates that thwy do not find, even with the modernity of the CPC of 2015, effective solution instruments. Based on these premises, we seek to point out that the Consensus is the most adequate and concrete tool for solving the most complex cases, mainly due to the fact that it is these cases that do not receive the correct answer fron the adjudicated deicison system. The achievement of consensus as a concrete instrument of solution requires, moreover, the most relevant contours of legal certainty. Agents interested in the composition cannot suffer more serious consequences than those who remain silente to the consensus, hide or hinder the solution of a legitimate claim. In these terms, having drawn up na act of consensus authorized by Law, by the most varied instruments approved today, it is not conceivable that such a deal does not have the exprected effects, creating a real impasse for the agrement or even allowing risks that, in the end, will encourage its refusal or new concessions. For the above, only with instruments of cooperation of all the agentes, as well as clear rules of security and transversality of the dispositions, it will be possible to advance in our law, so that every act of consensus is observed and respected by a diferenta legal branch, either to eliminate identical sanctions, either to reduce consequences or even to prevent the bis in idem so offensive to the constitucional guarantees of citizens.