Justiça restaurativa versus justiça penal negocial e sua aplicação no acordo de não persecução penal

Abstract

Taking into account the existing paradigm shift in the International scenario, where the punitive view of the application of the penalty has shifted to a negotiating view and the applicability of Restorative Justice, this research specifically aims to verify whether Resolutions No. nº 225, of May31, 2016 and resolution nº 288, of June 25,2019, both of the CNJ, which deal with Restorative Justice, are are applicable in the agreement of non-criminal prosecution, implemented by article 28-A of the Code of Procedure Criminal. The methodology used was bibliographical research, as well as field research, through a questionnaire directed at lawyers, public defenders, representatives of the parquet and judges who work in the Criminal Courts of Macaé. As a result of the research, the non-suitability of the ANPP with Restorative Justice was detected, but with negotiating criminal justice.