The National Council of Justice resolution n. 592/24, the restorative justice and the judiciary movement of cooptation

Abstract

Restorative Justice emerged on the world stage in the second half of the 20th century, bringing with it a new perspective of justice, which was a welcomed proposal in the international context, much because of movements that contested, and still does, the effectiveness of the prison system. Despite positive efforts to expand the use of Restorative Justice, the dispute between these and the actual system of justice is marked by a tension among the genuine application of restorative principles and their distorted handling by the criminal justice. The Resolution no. 592/24 of the National Council of Justice reflects this trend. It turns out that a normative change that deals with Restorative Justice will crystallize it as such only when, before that, an effective change in social consciousness that goes beyond the punitive paradigm emerge.