RESTORATIVE JUSTICE PRACTICES IN NON-PROSECUTION AGREEMENTS the experience of the Federal Court of Mogi das Cruzes/SP

Abstract

This article aims to provide a general overview of restorative justice and its applicability in the context of criminal proceedings in progress in the Federal Courts, as well as to present some reflections on the paradigm shift in the application of criminal law, based on the use of restorative practices. In this sense, a brief introduction will be made about criminal law as merely retributive justice and the need to take a new look at the criminal system and the way in which conflicts are resolved through the adoption of Restorative Justice. The main concepts of restorative practices will also be addressed and how they can be applied in criminal proceedings at the federal level, using non-prosecution agreements as an instrument. Starting from the analysis of the norms that regulate consensual methods of resolving conflicts and the examination of two processes with decisions constructed in restorative sessions, which included the participation of several stakeholders, and approved by the judges of the 2nd Court of Mogi das Cruzes, of the Federal Court of the 3rd Region, it is intended to demonstrate the promising results of using restorative approaches for an effective resolution of criminal conflicts.