The Restorative Justice and the Non-Prosecution Agreement
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Restorative Justice, Non-Prosecution Agreement, Accusatory SystemAbstract
We will discuss the relationship between two institutes with recently defined application in the Brazilian Judicial System. On the one hand, Restorative Justice (RJ), which has already been applied abroad and in Brazil, but still pending the literal inclusion in the CCP. On the other hand, the Non-Prosecution Agreement (NPA) defined in the recently article 28-A of the CCP. We seek, through literature review, to identify the possibilities of use of both institutes, namely about the possible connection between them, for a better result in the Criminal System. We verified the status quo, the history and the criticisms of both institutes, which continue to evolve with precautions in the Brazilian Judicial System. With the analysis of controversial issues about NPA, as well as the due caution in the application of the RJ, we glimpse the possibility of good results provided that good procedures are used.
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ACHUTTI, Daniel. Justiça Restaurativa e Abolicionismo Penal: contribuições para um novo modelo de administração de conflitos no Brasil. 2ª Ed. São Paulo: Saraiva, 2016.
BRAITHWAITE, John. Restorative Justice and Responsive Regulation. New York: Oxford University Press, 2002.
CHECKER, Monique. A Lei nº. 13.964/2019 e os acordos de não persecução penal. JOTA. Disponível em <https://www.jota.info/opiniao-e-analise/artigos/a-lei-no-13-964-2019-e-os-acordos-de-nao-persecucao-penal-2-06012020>. Acesso aos 01.mar.2020.
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