Non-prosecution agreement and the illicit acts within the scope of the water truck operation: Applications and considerations

DOI: https://zenodo.org/records/15722378

Abstract

Access to drinking water is a fundamental right, requiring the State to take positive action to ensure this essential good for all. The semi-arid region of the Northeast has historically suffered from a water crisis. As a result, the government action known as “Operação Carro-Pipa” was developed to mitigate the harmful effects of this water shortage. However, numerous illegal acts have been committed within the scope of the program. In parallel, there was a recent legislative change that inserted the Non-Prosecution Agreement into the national legal system. This is a pre-trial legal agreement that aims to reduce the number of criminal proceedings by requiring the defendants to agree to and fulfill certain conditions, provided that the normative assumptions are met. However, it will be found that, despite the fulfillment of the hypotheses, those investigated for crimes in the program are unable to receive the benefit, given the seriousness of the result of the acts committed, since they deprive an extremely vulnerable population of a basic and vital resource. In this context, the justification for this work is related to the importance of demonstrating the risks involved in entering into opportunity agreements with fraudsters of essential public policy. Thus, through bibliographical research, analysis of data from public institutions, documentary examination (legislation, decrees, ordinances) and studies of recent judgments from the Federal Supreme Court and the Superior Military Court, this work aims to demonstrate the impossibility of MPM members entering into ANPPs with those investigated for committing illicit acts in the context of Operation Carro-Pipa.