Práticas restaurativas na fase pré-processual da persecução penal como forma de ressignificação do acesso à justiça criminal

Abstract

This thesis is grounded in the paradigmatic rise of the restorative justice model and in the concept of citizen security that has spread throughout Latin America in recent decades. Its purpose is to analyze the applicability and effectiveness of consensual conflict resolution methods during the pre-procedural stage of criminal prosecution within Police Stations, as a means of promoting social pacification and fostering access to justice understood as access to a fair legal order. Based on the current legal framework, proposed legislative reforms, and the guiding principles governing the subject, the study examines the circumstances under which restorative practices may be employed, the manner in which they may be operationalized, and their legal and practical implications. In this regard, it discusses the criteria, subjective limits, and appropriate moment within the investigative phase for referring parties to restorative procedures; the nature of the conflicts and categories of offenses suitable for such referral; the possible objective limits of restorative agreements in light of constitutional and international legal standards; the legal and practical consequences of participation in restorative procedures during the investigative stage of criminal prosecution; the models and outcomes achieved in other Brazilian states and foreign jurisdictions that have adopted similar approaches; and, finally, the enduring features of the punitive retributive paradigm that may hinder the broad dissemination and consolidation of restorative practices both within society and among the actors of the criminal justice system.