Alternative Dispute Resolution Mechanisms and the Institutionalization of Restorative Justice in the Brazilian Judicial System

Abstract

Objective: To analyze the articulation between alternative dispute resolution mechanisms and the development of restorative justice within the Brazilian Judiciary, highlighting the role of the principle of collaboration and consensual practices in transforming the traditional conflict resolution model.

Method: This study adopts a qualitative approach of a theoretical-dogmatic and interdisciplinary nature, based on bibliographic review, normative analysis, and examination of judicial public policies. The research examines the 2015 Brazilian Code of Civil Procedure, the Mediation Law, resolutions of the National Council of Justice, and institutional experiences in implementing restorative justice, with emphasis on the case of the Court of Justice of Paraná.

Results: The findings indicate that appropriate dispute resolution mechanisms and restorative justice expand party participation, strengthen dialogue culture, and contribute to social pacification beyond the traditional judicial response. The incorporation of the principle of collaboration redefines the role of judges and procedural actors, shifting vertical protagonism toward a dialogical and participatory logic. The institutionalization of restorative justice, driven by CNJ Resolution No. 225/2016, promotes integration between social and institutional practices, reduces residual litigation, and enhances the effectiveness of the justice system.

Conclusion: It is concluded that the consolidation of restorative justice in Brazil depends on the articulation between consensual mechanisms, judicial public policies, and a change in the mindset of legal practitioners. The adoption of collaborative and transdisciplinary models proves essential to overcoming procedural formalism and promoting more humanized, inclusive, and sustainable approaches to conflict resolution.