This article analyzes the non-criminal prosecution agreement in view of the recent positions of the higher courts, the Superior Court of Justice and the Federal Supreme Court, investigating until what moment of the persecutio criminis the respective decriminalizing institute may be proposed by the Public Ministry. For this, a bibliographic research was carried out, of an applied nature, and dialectics was used as a methodological procedure, given the need to establish a dialogue with the theses, antitheses and syntheses already established on the respective theme. At the end, the controversial jurisprudential position of the 5th and 6th Panels of the STJ, the position of the 1st Panel of the STF, statements n.º 98 of the 2nd CCR/MPF and n.º 20 of the CNPG and Habeas Corpus n.º 185.913, which is awaiting judgment by the full court of the STF, which deals with the controversy generated in the STJ and seeks to remedy the jurisprudential divergence with a possible establishment of thesis to be replicated by the judges in other cases
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