SUBORDINATE APPEAL: AN AREA OF CONSENSUALITY COMPATIBLE WITH THE CRIMINAL PROCEDURE/FORMA ADESIVA DE INTERPOSICAO DO RECURSO: UM ESPACO DE CONSENSUALIDADE COMPATIVEL COM O PROCESSO PENAL

Through an applied, bibliographical and documentary research with an explanatory objective, this brief essay aims to bring back to the discussion the compatibility, in the current normative scenario, of the subordinate way of filing appeals with the criminal procedure. The subordinate way of filing appeals is expressly provided for by the civil procedural legislation, as extracted from article 997, [section]10, of the Code of Civil Procedure, and applies to appeals provided in 997, [section]10, item II, of the Code of Civil Procedure. In the context of criminal procedural legislation, the normative reality is different: there is no discipline in the Code of Criminal Procedure regarding the subordinate way of filing appeals. The perennial gaps in criminal procedural law in relation to the appeal's process have led to a constant application of civil procedural legislation in such areas. The new tex of article 638 of the Code of Criminal Procedure--given by Act No. 13,964/2019--affirmed the court's understanding and now provides that criminal appeals will follow the same process established by the civil procedural law. This new normative reality authorizes the revisiting of the subject. This time, the theme is being approached both by refocusing the arguments usually presented on the topic and by re-reading them in the limelight of the expansion of the consensus area in the criminal procedure. The proposition of admitting the subordinate way of filing appeals in criminal proceedings was compared with the principles of appeals theme. In addition, it was drawn from a scenario of legitimate normative expansion of consensual solutions in the criminal sphere, which includes institutes such as the composition of civil damages, the criminal settlement, the conditional suspension of proceedings and the non-prosecution agreement. The subordinate way of filing appeals is placed, given this new context, as an appeal technique that can express and spread consensus in a compatible way with the principles of criminal procedure. KEY-WORDS: Criminal Procedure; appeals; subordinate way; filing appeals. Por meio de uma pesquisa bibliografica e documental, de natureza aplicada e com objetivo explicativo, este breve ensaio se propoe a trazer novamente a discussao a compatibilidade, no atual cenario normativo, da forma adesiva de interposicao de recursos com o processo penal. A forma adesiva de interposicao de recursos e expressamente prevista pela legislacao processual civil, co