ANÁLISE DOS PROCESSOS COLABORATIVOS NA ESFERA PENAL E POSSIBILIDADE SOB A ÓTICA DA JUSTIÇA RESTAURATIVA

Abstract

The scope of this paper is to demonstrate the importance of collaborative processes and consensual decisions in resolving conflicts within the criminal justice sphere, through the lens of Restorative Justice. Applicable procedures will be analyzed, highlighting the importance of a culture of dialogue and inclusive processes that assess the needs of the victim and the community, while providing the offender with the opportunity for reflection, self-responsibility, and reparation of the damage caused. It is emphasized that, for a better understanding of the presented panorama, the differences between Retributive Justice, Negotiated Justice, and Restorative Justice will be addressed, as well as the procedural possibilities of each. In sum, the perspectives raised will encourage viable alternatives to Criminal Procedure, breaking paradigms and allowing all parties involved in the process to be seen as real people, not just as participants in a legal system. The sources of information used will include articles, theses, dissertations, and journals. The method employed will be qualitative, favoring the analysis of previous bibliographies and current legislation.