Uma análise crítica e comparativa entre a justiça restaurativa e o acordo de não persecução penal

Abstract

This final paper aims to comparatively analyze Restorative Justice and the Non-Prosecution Agreement (NPA), a tool of Negotiated Justice. The research assumes that these practices have different foundations, logics, and purposes and seeks to understand whether they could coexist coherently within the Brazilian penal system, historically marked by oppressive, selective, and punitive practices. A qualitative methodology is adopted, based on bibliographical research, which allows for the construction of a critical and comparative analysis between the two approaches. The conclusion drawn is that, despite some specific experiences indicating the application of the Non-Prosecution Agreement in restorative procedures, the compatibility between the two models does not prove to be viable. This is mainly due to the divergences between the principles guiding each approach. The attempt at reconciliation would require a principled flexibility that would undermine the foundations of Restorative Justice, reducing it to a mere conflict resolution tool, inserted into the traditional retributive logic, which would weaken its innovative potential.