The prosecutorial discretion is a state strategy; in its configuration, should be drawn guidelines, references and management to resolve the social conflict. At the same as exists the state of exception for the peace, the rules of prosecutorial discretion is another instrument for the same end and in it, it approaches to the victim. In short, it is an instrument for the peace with respect and respect to the international instruments.Therefore, the rules of prosecutorial discretion are not a dogmatic square, neither an exit of consolidation of a theory or criminal law school.